Public Health Act 2016 (WA)

Western Australia Public Health Act 2016 Western Australia Public Health Act 2016 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects and principles 1 4. Terms used 1 5. Crown bound 1 Part 2 — Administration Division 1 — Chief Health Officer Subdivision 1 — Functions of Chief Health Officer 6. Functions of Chief Health Officer 1 9. Chief Health Officer may delegate 1 10. Power to delegate under Health Legislation Administration Act 1984 section 9 excluded 1 Subdivision 2 — Designation of Chief Health Officer 11. Minister to designate Chief Health Officer 1 12. Term of office and remuneration of Chief Health Officer 1 13. Resignation, vacation of office and removal from office 1 14. Acting Chief Health Officer 1 15. Authority of Acting Chief Health Officer 1 Division 2 — Functions of local governments 16. Functions of local governments 1 17. Appointment of environmental health officers 1 18. Chief Health Officer to approve qualifications and experience required by environmental health officers 1 Division 3 — Functions of enforcement agencies 19. Functions of enforcement agencies 1 20. Conditions on performance of functions by enforcement agencies 1 21. Enforcement agency may delegate 1 22. Reports by and about enforcement agencies 1 Division 4 — Authorised officers 23. Terms used 1 24. Designation of authorised officers 1 25. Certain authorised officers required to have qualifications and experience 1 26. Further provisions relating to designations 1 27. Lists of authorised officers to be maintained 1 28. When designation as authorised officer ceases 1 29. Chief Health Officer may issue guidelines about qualifications and experience of authorised officers 1 30. Certificates of authority 1 31. Issuing and production of certificate of authority for purposes of other written laws 1 32. Certificate of authority to be returned 1 Division 5 — Advisory committees 33. Establishment and functions of advisory committees 1 Part 3 — General public health duty 34. General public health duty 1 35. Consequences of failure to comply with general public health duty 1 Part 4 — Serious public health risks and material public health risks 36. Term used: engage in conduct 1 37. Offences relating to serious public health risks 1 38. Offences relating to material public health risks 1 39. Defence of due diligence 1 40. Alternative verdicts for certain offences 1 41. Determination by court of appropriate punishment 1 Part 5 — Public health plans 42. Term used: public health plan 1 43. State public health plans 1 44. Publication of current State public health plan 1 45. Local public health plans 1 46. Publication of current local public health plans 1 47. Provision of local public health plans to Chief Health Officer 1 Part 8 — Registration and licensing Division 1 — Preliminary 64. Terms used 1 65. Regulations may declare licensable and registrable activities 1 66. Application of Part to Crown 1 Division 2 — Registration of registrable activities 67. Carrying on unregistered registrable activity 1 68. Registration of registrable activity 1 69. Registration remains in force until cancelled 1 70. Annual or other fee in relation to registration 1 71. Variation of conditions, suspension or cancellation of registration 1 72. Further provisions relating to suspension of registration 1 73. Notification of certain matters relating to registrable activity or premises 1 74. Transfer of certificate of registration 1 75. Review of decisions relating to registration 1 76. Register of activities and premises to be maintained 1 Division 3 — Licensing of individuals carrying on licensable activities 77. Unlicensed persons carrying on licensable activities 1 78. Activity licences 1 79. Period an activity licence remains in force 1 80. Renewal of activity licence 1 81. Annual or other fee in relation to activity licence 1 82. Variation of conditions, suspension or cancellation of activity licence 1 83. Further provisions relating to suspension of activity licence 1 84. Notification of certain changes to licensable activities 1 85. Review of decisions relating to activity licences 1 86. Register of licence holders to be maintained 1 Part 9 — Notifiable infectious diseases and related conditions Division 1 — Principles and declarations 87. Principles applying in relation to this Part 1 88. Principles listed 1 89. Further provisions relating to application of principles 1 90. Declaration of notifiable infectious diseases 1 91. Declaration of notifiable infectious disease‑related conditions 1 92. Orders by Minister 1 Division 2 — Notification 93. Term used: responsible pathologist 1 94. Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions 1 95. Offence of failing to notify Chief Health Officer 1 96. No liability for notifying Chief Health Officer 1 Division 3 — Duty to inform 97. Practitioners to provide patients with information 1 98. Offence of failing to provide patient with information 1 Division 4 — Test orders 99. Terms used 1 100. Chief Health Officer may make test orders 1 101. Process for making test order 1 102. Explanation of test order 1 103. Effect of test orders 1 104. Offences of failing to comply with test order 1 105. No payment may be required in relation to testing under test order 1 106. Enforcement of test orders 1 107. Warrant to enforce test order 1 108. Further provisions relating to warrant 1 109. Review by State Administrative Tribunal 1 110. Obtaining or taking samples under test orders 1 111. Test results to be reported 1 112. Person tested not to be identified 1 113. No liability for reporting test results 1 114. Division not limited by Mandatory Testing (Infectious Diseases) Act 2014 1 Division 5 — Public health orders 115. Terms used 1 116. Chief Health Officer may make public health orders 1 117. Effect of public health orders 1 118. Personal service of orders required 1 119. Explanation of public health order 1 120. Provisions applying if person detained under public health order 1 121. Minister to be informed of detention or release from detention under public health order 1 122. Offence to fail to comply with public health order 1 123. Responsible persons to facilitate compliance with public health order 1 124. Enforcement of public health orders 1 125. Warrant to apprehend person to whom public health order applies 1 126. Further provisions relating to warrant 1 127. Review by State Administrative Tribunal 1 128. Restriction on making of further public health order 1 129. Recognition of interstate public health orders 1 130. Further provisions applying to interstate public health orders operating in this State 1 Division 6 — Reporting requirements 131. Annual report to include information about test orders and public health orders 1 Division 7 — Identifying and informing contact persons 132. Terms used 1 133. Requiring information where person believed to have notifiable infectious disease 1 134. Requiring information where person believed to have been exposed to notifiable infectious disease 1 135. Requiring other persons to give required information 1 136. Authorised officer to produce evidence of authority 1 137. Offence to fail to comply with requirement to provide information 1 138. Protection from liability 1 139. Informing contact persons 1 140. Chief Health Officer may issue guidelines 1 141. Protection from liability 1 Division 8 — Immunisation status of children Subdivision 1 — Preliminary 141A. Terms used 1 Subdivision 2 — Immunisation requirements for enrolment 141B. Responsible person to give immunisation status to person in charge 1 141C. Immunisation certificates issued or declared by Chief Health Officer 1 141D. Immunisation or exemption a condition of enrolment 1 Subdivision 3 — Regulations relating to immunisation status of children 142. Regulations relating to immunisation status of children and control of disease 1 Subdivision 4 — Reporting requirements 142A. Annual report to include information about enrolments 1 Division 9 — Advisory Panels 143. Term used: Advisory Panel 1 144. Advisory Panels 1 145. Performance of functions and procedures 1 146. Protocols 1 147. Access to information 1 Part 11 — Serious public health incident powers Division 1 — Authorisation to exercise serious public health incident powers 152. Authorisation to exercise serious public health incident powers 1 153. Authorisation to state certain matters 1 154. Authorisation may be given orally or in writing 1 Division 2 — Serious public health incident powers 155. Terms used 1 156. Operation of this Division 1 157. Serious public health incident powers 1 158. Enforcement of requirement to undergo medical observation, medical examination 1 159. Provisions relating to requirement to remain at premises or remain quarantined 1 160. Review of requirement to remain at premises or remain quarantined 1 161. Authorised officer may be given assistance, and may use force 1 162. Failure to comply with requirements and directions 1 163. Review by State Administrative Tribunal 1 Part 12 — Public health emergencies Division 1 — Relationship to Emergency Management Act 2005 164. Relationship to Emergency Management Act 2005 1 Division 2 — Public health emergency management plans 165. Public health emergency management plans 1 166. Directions to, and duties of, public authorities 1 Division 3 — Public health state of emergency declarations 167. Minister may make public health state of emergency declaration 1 168. Duration of public health state of emergency declaration 1 169. Amendment of public health state of emergency declaration 1 170. Extension of public health state of emergency declaration 1 171. Revocation of public health state of emergency declaration 1 172. Notice of declaration 1 173. Limitation of stay of operation of public health state of emergency declaration 1 Division 4 — Authorisation to exercise emergency powers 174. Authorisation to exercise emergency powers during public health state of emergency 1 175. Authorisation to state certain matters 1 176. Authorisation may be given orally or in writing 1 Division 5 — Emergency powers 177. Terms used 1 178. Operation of this Division 1 179. Powers to obtain identifying particulars 1 180. Powers relating to movement and evacuation 1 181. Powers to use vehicles 1 182. Powers to control or use premises or property 1 183. Powers in relation to drugs and vaccines 1 184. Powers in relation to quarantine and medical or other procedures 1 185. Enforcement of requirement to undergo medical observation or medical or other procedure 1 186. Further provisions relating to requirement to remain in area or remain quarantined 1 187. Review of requirement to remain in area or remain quarantined 1 188. Information sharing 1 189. Regulations about information sharing for purposes of section 188 1 190. Other emergency powers 1 191. Further provisions relating to power to detain under section 185(1) or 190(1)(o) 1 192. Review of detention 1 193. Minister to be informed of detention or release from detention 1 194. Review by State Administrative Tribunal 1 Division 6 — Other powers exercisable during public health state of emergency 195. Powers of police relating to closure of places, movement and evacuation 1 196. Power of Chief Health Officer to direct public authorities during public health state of emergency 1 197. Chief Health Officer may authorise persons to administer, manufacture, supply or prescribe poisons 1 198. Further provisions relating to authority to administer, manufacture, supply or prescribe poisons 1 Division 7 — General provisions 199. General provisions regarding powers 1 200. General provisions regarding directions 1 201. Direction under Emergency Management Act 2005 prevails over inconsistent direction under this Part 1 202. Failure to comply with directions 1 Part 12A — Infectious disease extreme circumstance declarations 202A. Minister may make IDEC declaration 1 202B. Duration of IDEC declaration 1 202C. Extension of IDEC declaration 1 202D. Revocation of IDEC declaration 1 202E. Notice of declaration 1 202F. Limitation of stay of operation of IDEC declaration 1 Part 12B — Recovery of certain costs relating to exercise of powers Division 1 — Fees payable by hotel‑quarantined persons 202G. Terms used 1 202H. Fee payable by hotel‑quarantined person in relation to cost of quarantine 1 202I. Period for payment of fee 1 202J. Fee may be waived 1 202K. Recovery of fees 1 202L. Regulations 1 Division 2 — Recovery of certain costs and expenses 202M. Recovery of costs and expenses of requiring premises to be cleaned 1 Part 12C — Abortion Division 1 — Preliminary 202MA. Terms used 1 202MB. Performance of abortion 1 Division 2 — Performance of abortion by registered health practitioners 202MC. Performance of abortion by medical practitioner at not more than 23 weeks 1 202MD. Performance of medical abortion by certain other registered health practitioners at not more than 23 weeks 1 202ME. Performance of abortion by medical practitioner at more than 23 weeks 1 202MF. Performance of medical abortion by certain registered health practitioners on direction of medical practitioner or prescribing practitioner 1 202MG. Assistance by certain registered health practitioners or students in performance of abortion by medical practitioner or prescribing practitioner 1 202MH. Registered health practitioner with conscientious objection to abortion 1 202MI. Obligations of medical practitioners and prescribing practitioners who refuse to participate in abortion 1 202MJ. Student with conscientious objection to abortion 1 202MK. Compliance with Division relevant to professional conduct or performance 1 202ML. The Criminal Code s. 177 does not apply 1 202MM. Consent to performance of abortion on children who are not mature minors 1 Division 3 — Performance of abortion by unqualified persons 202MN. Unqualified person must not perform abortion 1 Division 4 — Protection from criminal liability 202MO. Person does not commit offence of abortion on themselves 1 Division 5 — Information about abortion 202MP. Chief Health Officer may direct certain persons to give information about abortion 1 202MQ. Purposes for which Chief Health Officer may record, use or disclose information given under s. 202MP 1 202MR. Protection from liability 1 Division 6 — Safe access to premises at which abortions are provided 202N. Purpose 1 202O. Terms used 1 202P. Offence to engage in prohibited behaviour within safe access zone 1 202Q. Offence to publish or distribute recording 1 Part 13 — Compensation and insurance Division 1 — Compensation 203. Entitlement to compensation 1 204. Applying for compensation 1 205. Lapsing of application 1 206. Notice of decision 1 207. Review of decision as to payment of compensation 1 208. False compensation claim 1 Division 2 — Insurance 209. Extension of policy of insurance 1 Part 14 — Improvement notices and enforcement orders Division 1 — Preliminary 210. Terms used 1 211. Proceedings for offences: how affected 1 Division 2 — Improvement notices 212. Issue of improvement notice 1 213. Contents of improvement notice 1 214. Extension of period of compliance with improvement notice 1 215. Compliance with improvement notice 1 Division 3 — Enforcement orders 216. Issue of enforcement orders 1 217. Contents of enforcement order 1 218. Extension of period of compliance with enforcement order 1 219. Enforcement agency may implement enforcement order 1 220. Application of Criminal and Found Property Disposal Act 2006 1 221. Recovery of costs incurred by or on behalf of enforcement agency 1 222. Criminal liability not affected 1 223. Certificate of clearance to be given in certain circumstances 1 224. Request for assessment 1 225. Contravention of enforcement order 1 Division 4 — Review by State Administrative Tribunal 226. Review of decisions relating to improvement notices and enforcement orders 1 Part 15 — Inquiries 227. Terms used 1 228. Chief Health Officer may conduct inquiry 1 229. Preliminary matters 1 230. Procedure 1 231. Hearings 1 232. Inquirer's powers in relation to inquiry 1 233. Failure to comply with requirements of notice 1 234. Incriminating answers or documents 1 235. Disruption of inquiry 1 236. False information 1 237. Protection for certain purposes 1 238. Reports 1 Part 16 — Powers of entry, inspection and seizure Division 1 — Entry, inspection and seizure 239. Term used: reasonably suspects 1 240. Powers of authorised officers 1 241. Stopping of vehicles 1 242. Incriminating information or answers 1 243. Liability for complying with requirement to provide information, answer question or produce document or thing 1 244. Power of seizure 1 245. Application of Criminal Investigation Act 2006 1 246. Application for warrant to enter premises 1 247. How application made 1 248. Further provisions relating to application for warrant 1 249. Issue of warrant 1 250. Duration of warrant 1 251. Execution of warrant 1 252. Use of force 1 253. Failure to comply with requirements of authorised officers 1 254. False or misleading information 1 255. Obstructing, impersonating or threatening authorised officers 1 Division 2 — Items seized by authorised officers 256. Application of Criminal and Found Property Disposal Act 2006 1 257. Seized items 1 258. Notification of seizure 1 259. Immediate destruction or disposal of things seized 1 260. Return of seized item 1 261. Forfeiture of item 1 262. Cost of destruction or disposal of forfeited item 1 263. Return of forfeited item 1 264. Compensation 1 265. Review of decisions relating to compensation 1 Part 17 — Crown exemptions Division 1 — Preliminary 266. Terms used 1 Division 2 — Ministerial exemptions for Crown and Crown authorities 267. Minister may exempt Crown or Crown authority from certain provisions 1 268. Duration of exemption 1 269. Content of exemption 1 270. Effect of exemption 1 271. Minister to consult before amending or revoking exemption 1 272. Application of Interpretation Act 1984 to exemptions 1 Division 3 — Compliance plans 273. Exemption may require compliance plan 1 274. Development and approval of compliance plan 1 275. Annual review of compliance plan 1 276. Amendment or replacement of compliance plan 1 Division 4 — Publication and reporting obligations 277. Exemption‑holder to make exemption and compliance plan publicly available 1 278. Annual report to include information about exemption and compliance plan 1 Part 18 — Liability, evidentiary and procedural provisions Division 1 — Civil liability 279. Contraventions not breach of statutory duty 1 Division 2 — Criminal liability 280. Commencing proceedings 1 281. Offences by employees — liability of employer 1 282. Liability of officers for offence by body corporate 1 284. Liability of employees and agents 1 285. Disclosure by witnesses 1 286. Documentary evidence of certain matters 1 287. Court may order costs and expenses 1 288. Court may order forfeiture 1 289. Court's powers in relation to registration and licences 1 290. Further provisions relating to orders under section 289 1 Division 3 — Enforcement action against Crown 291. Term used: responsible agency 1 292. Improvement notices may be given to Crown 1 293. Enforcement orders cannot be given to Crown 1 Part 19 — Miscellaneous Division 1 — Provisions relating to local governments 294. Fees and charges may be fixed and recovered by enforcement agencies that are local governments 1 Division 2 — General 297. Protection from liability for wrongdoing 1 Division 3 — Provisions relating to information 297A. Offence of giving false or misleading information 1 298. Disclosure and use of information provided under Part 9 or 10 1 299. Information sharing 1 300. Guidelines relating to information sharing 1 301. Regulations relating to information sharing 1 302. Confidential information officially obtained 1 Division 4 — Guidelines 303. Guidelines 1 Division 5 — Regulations 304. Regulations — general power 1 305. Regulations may adopt codes or legislation 1 Division 6 — Review of Act 306. Review of Act 1 306A. Review of amendments made by Public Health Amendment (Immunisation Requirements for Enrolment) Act 2019 1 306B. Review of amendments made by Public Health Amendment (Safe Access Zones) Act 2021 1 306C. Review of amendments made by Abortion Legislation Reform Act 2023 1 Part 20 — Transitional and savings provisions 307. Terms used 1 308. Application of Interpretation Act 1984 1 309. References to Health Act 1911 and Health (Miscellaneous Provisions) Act 1911 1 310. Reference to Chief Health Officer to be temporarily read as Executive Director, Public Health for purposes of Part 17 1 311. Executive Director, Public Health to hold office as Chief Health Officer 1 312. Environmental health officers to be authorised officers for certain purposes 1 321. Transitional provisions for Blood and Tissue (Transmissible Diseases) Regulations 1985 1 322. Transitional regulations 1 Part 21 — Transitional provisions for Abortion Legislation Reform Act 2023 323. Term used: commencement day 1 324. Decisions made under Health (Miscellaneous Provisions) Act 1911 s. 334(7)(a) before commencement day 1 325. Applications made under Health (Miscellaneous Provisions) Act 1911 s. 334(9) before commencement day 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Public Health Act 2016 An Act to protect, promote and improve the health and wellbeing of the public of Western Australia and to reduce the incidence of preventable illness, and for related purposes. The Parliament of Western Australia enacts as follows: