Health (Miscellaneous Provisions) Act 1911 (WA)

Western Australia Health (Miscellaneous Provisions) Act 1911 Western Australia Health (Miscellaneous Provisions) Act 1911 Contents Part I — Preliminary 1. Short title and commencement 1 3. Terms used 1 5. Savings 1 6. Power to suspend operation of Act 1 Part II — Administration Division 1 — The Minister, CEO and Chief Health Officer 7. Minister 1 8. Minister to be body corporate 1 12. Powers of Chief Health Officer and authorised officers 1 13A. CEO and Chief Health Officer may delegate 1 16. Chief Health Officer may act where no local government 1 17. Expenditure to be paid out of appropriated moneys 1 Division 2 — Local governments 22. Annexation 1 25. District may include water 1 26. Powers of local government 1 35. Proceedings on default of local government 1 36. Review of orders and decisions of local governments by SAT 1 38. Local governments to report annually 1 Division 3 — The exercise of ministerial control 39. Powers of Minister 1 Part III — Financial 40. Power to levy general health rate 1 41. Sanitary rate 1 42. Supplementary rates 1 44. Borrowing powers 1 45. Special loan rate 1 46. Application of rating provisions of Local Government Act 1995 1 47. Health rate to be regarded in determining borrowing powers 1 48. Time for giving notice of rate may be extended 1 49. Accounts and audit 1 52. Financial adjustment 1 Part IV — Sanitary provisions Division 1 — Sewerage and drainage schemes 53. Sewers vested in local government 1 54. Power of local government to construct and maintain sewers 1 55. Governor's approval necessary to all schemes 1 56. Power to do acts preliminary to formulating scheme 1 57. Notice of plans and specifications 1 58. Objections 1 59. Copies of plans and specifications to be available for inspection 1 60. Conditions on which Minister may recommend scheme to Governor 1 61. Apportionment of costs and maintenance of joint schemes 1 62. Powers of local government in carrying out works 1 63. Recovery of cost of limited schemes from owners of premises served 1 63A. Interpretation 1 64. Agreements for recouping costs and paying maintenance in case of limited schemes 1 65. Power to acquire land 1 66. Duty of local government where street broken up 1 67. Interfering with works of other authorities 1 68. Alteration of sewerage works 1 69. Ventilating shafts etc. may be attached to walls and buildings 1 70. Maps of systems to be kept 1 71. Sewers to be kept cleansed 1 Division 2 — Connection of premises to drains and sewers of local government 72. Owners or occupiers may be compelled to connect premises when works complete 1 73. Notice to owner or occupier to carry out installation of fittings 1 74. Where local government makes installations it may enter into agreements with persons responsible for payment of cost 1 75. Right of owner or occupier to connect drains with sewer 1 76. Owner or occupier of land outside district may connect sewer on conditions imposed by local government 1 77. Restrictions on construction or alteration of certain drains and fittings 1 78. Owner or occupier responsible for cleaning private drains 1 79. Obstructing or encroaching on sewers 1 80. Local government may enforce drainage of undrained houses 1 81. Owner may be required to connect premises with public sewer 1 82. Buildings without drains 1 82A. Where local government makes connections with sewers it may enter into agreement with person responsible for payment of cost 1 83. Making sewers and drains under private land 1 84. Recovery of expenses incurred by local government 1 85. Dwelling‑houses on low lying land 1 86. Filling up low lying land 1 87. Stagnant water holes 1 88. Stagnant water in cellars etc. 1 89. Paving and asphalting of cellars 1 90. Brickmaking and other excavations to be fenced 1 91. Storm water to be allowed its natural channel 1 92. Unauthorised building over sewers and under streets 1 93. Injurious matter not to pass into sewers 1 94. Chemical refuse, steam etc. not to be turned into sewers 1 Division 3 — Disposal of sewage 95. Disposing of sewage 1 96. Communication of sewers with sewers of adjoining district 1 97. Dealing with land appropriated to sewage purposes 1 98. Punishment for placing sewage in streets etc. 1 Division 4 — Sanitary conveniences 99. Houses to have sanitary conveniences 1 100. Provision of apparatus for treatment of sewage 1 101. Sanitary conveniences for workshops etc. 1 102. Sanitary conveniences in connection with works 1 103. Persons to carry out sanitary work in certain cases 1 104. Earth‑closets 1 105. Public sanitary conveniences 1 106. Power to make pan charges 1 107. Drains, privies etc. to be properly kept 1 107A. Articles in use in construction or operation of sewers etc. to be of prescribed standard 1 108. Examination of drains etc. 1 109. Local government may require filling up of certain cesspools 1 110. New cesspools for nightsoil forbidden 1 111. Local government may supply receptacles 1 Division 5 — Scavenging, cleansing, etc. 112. Local government to provide for removal of refuse and cleansing works 1 113. Power of contractor to recover 1 114. Obstruction or hindrance of certain works penalised 1 116. Procedure when local government undertakes work 1 117. Cleansing common courts and passages 1 119. Reserves for deposit of sewage, rubbish or refuse 1 120. Power to close depots 1 121. Building on sanitary depots 1 122. Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts 1 123. Access to sanitary reserves 1 Division 7 — Pollution of water 129. Pollution of water supply 1 130. Riparian rights 1 131. Sources of water supply may be closed 1 132. Power to seize and destroy pigs etc. trespassing on rivers etc. 1 Division 8 — Morgues 133. Local government may license morgues 1 Division 9 — Local laws 134. Purposes for which local laws may be made 1 Part V — Dwellings Division 1 — Houses unfit for occupation 135. Dwellings unfit for habitation 1 136. Such house not to be let or occupied 1 137. Condemned building to be amended or removed 1 138. Land to be cleaned up after removal of house or building therefrom 1 139. Owner may be required to clean or repair house 1 140. Local government may act in default of owner 1 141. Penalty for erecting buildings on ground filled up with offensive matter 1 142. Occupying cellar dwellings 1 143. Plans of buildings to be submitted to local government 1 144. Building not erected as dwelling not to be converted into one 1 145. Authorised officer may order house or things to be cleansed 1 Division 2 — Lodging‑houses 146. Registers of lodging‑houses 1 147. Registration 1 148. Conditions of registration 1 149. Notice of registration to be affixed 1 150. Supply of water 1 151. Cleansing of walls etc. 1 152. Notification of disease 1 153. Inspection 1 154. Offences by keepers 1 155. Conviction for third offence 1 156. Lodging‑house keepers to report deaths 1 157. Register of lodgers to be kept 1 158. Local laws in respect of lodging‑house 1 159. Evidence as to family in proceedings 1 Part VI — Public buildings 173. Terms used 1 174. Application to Crown 1 175. Relationship to other laws 1 175A. Chief Health Officer may act in relation to major event 1 176. Approval of plans 1 177. Approval 1 178. Certificate of approval 1 179. Inspection and control of public buildings 1 180. Regulations 1 Part VII — Nuisances and offensive trades Division 1 — Nuisances 181. Removal of offensive matter 1 182. Definition of nuisances 1 182A. Regulations as to section 182(13) 1 183. Immediate action in respect of nuisances 1 184. Mode of dealing with nuisances 1 185. Proceedings when nuisance caused by default outside district 1 Division 2 — Offensive trades 186. Term used: offensive trade 1 187. Consent necessary for establishing offensive trade 1 188. Penalty for breach 1 189. Penalty for illegally carrying on offensive trade 1 190. Local laws regulating offensive trades 1 191. Offensive trades to be registered 1 192. Local government may refuse to register or to renew registration 1 193. Power to restrict offensive trades to certain portions of proclaimed areas 1 194. Offensive trades 1 195. Construction, drainage and equipment of slaughter‑houses 1 196. Slaughter‑houses to be kept in accordance with Act 1 197. No swine, dog or poultry to be kept at slaughter‑house 1 198. Swine not to be fed on raw offal etc. 1 Division 3 — Local laws 199. Local laws in respect of nuisances and offensive trades 1 200. Regulations as to medical examinations for persons in prescribed industries 1 Part VIIA — Pesticides Division 1 — Registration of analysts 203. Registration of analysts 1 Division 8 — Pesticides 246. Term used: Pesticides Advisory Committee 1 246A. Crown bound, but Health Practitioner Regulation National Law (Western Australia) and Medicines and Poisons Act 2014 not affected by Division 8 1 246B. Pesticides Advisory Committee 1 246BA. General powers of Pesticides Advisory Committee 1 246C. Regulations relating to pesticides 1 Part VIIIA — Analytical services 247AA. Terms used 1 247A. Local Health Authorities Analytical Committee 1 247BA. Term of office and vacation of office 1 247B. Meetings and procedure of Analytical Committee 1 247C. Powers and functions of Analytical Committee 1 247D. Participation in scheme by local governments 1 247E. Application of Financial Management Act 2006 and Auditor General Act 2006 1 247F. Regulations as to Part VIIIA 1 Part IX — Infectious diseases Division 1 — General provisions 249. Local laws to prevent spread of infectious disease 1 Part IXA — Prevention and alleviation of certain non‑infectious disease processes and physical or functional abnormalities 289A. Objects of this Part 1 289B. Term used: prescribed condition of health 1 289C. Regulation as to Part IXA 1 289D. Powers conferred by this Part are cumulative 1 Part XII — Hospitals Division 1 — Public hospital 324. Local governments may establish or subsidise hospitals 1 324A. Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc. 1 Part XIIA — Community health centres, etc. 330A. Land may be acquired or leased for community health centres 1 330B. Local governments may subsidise certain medical centres 1 Part XIII — Child health and preventive medicine 331. Terms used 1 332. Application of Part to abortion 1 333. Regulations 1 335. Reports to be furnished 1 336. Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer 1 336A. Certain deaths of children to be reported to Chief Health Officer 1 336B. Death of persons under anaesthetic to be reported to Chief Health Officer 1 337. Examination of school children 1 337A. Schools dental service 1 Part XIIIA — Maternal Mortality Committee 340A. Terms used 1 340B. Constitution and offices of Committee 1 340C. Appointment of deputies 1 340D. Nominations to be made to Minister 1 340E. Tenure of office 1 340F. When office of member becomes vacant 1 340G. Vacancies in offices of members to be filled 1 340H. Meetings and procedure of Committee 1 340I. Reimbursement of expenses of members of Committee 1 340J. Appointment of investigator 1 340K. Functions of Committee 1 340LA. Further provisions relating to proceedings of Committee 1 340LB. Contents of notification confidential 1 340L. When report of investigator may be published 1 340M. Information given for research not to be disclosed 1 Part XIIIB — Perinatal and Infant Mortality Committee 340AA. Terms used 1 340AB. Constitution and offices of Committee 1 340AC. Appointment of deputies 1 340AD. Nominations to be made to Minister 1 340AE. Tenure of office 1 340AF. When office of member becomes vacant 1 340AG. Vacancies in offices of members to be filled 1 340AH. Meetings and procedure of Committee 1 340AI. Reimbursement of expenses of members 1 340AJ. Appointment of investigator 1 340AK. Functions of Committee 1 340ALA. Further provisions relating to proceedings of Committee 1 340ALB. Contents of notification confidential 1 340AL. When report may be published 1 340AM. Information for research not to be disclosed 1 Part XIIIC — Anaesthetic Mortality Committee 340BA. Terms used 1 340BB. Constitution and offices of Committee 1 340BC. Appointment of deputies 1 340BD. Nominations to be made to Minister 1 340BE. Tenure of office 1 340BF. When office of member becomes vacant 1 340BG. Vacancies in offices of members to be filled 1 340BH. Meetings and procedure of Committee 1 340BI. Reimbursement of expenses of members 1 340BJ. Appointment of investigator 1 340BK. Functions of Committee 1 340BLA. Further provisions relating to proceedings of Committee 1 340BLB. Contents of notification confidential 1 340BL. When report may be published 1 340BM. Information for research not to be disclosed 1 Part XIV — Regulations and local laws 341. Regulations 1 342. Local laws 1 343. Model local laws 1 343A. Regulations to operate as local laws 1 343B. Governor may amend or repeal local laws 1 344. Penalties, fees etc. 1 344A. Incorporation by reference 1 344B. Evidence of contents of standard etc. adopted 1 344C. Fees and charges may be fixed by resolution 1 345. Regulations to be confirmed 1 348. Evidence of local laws 1 348A. Proclamations etc. may be revoked or varied 1 Part XV — Miscellaneous provisions 349. Entry 1 350. Vessels 1 351. Obstructing execution of Act 1 352. Duty of police officers and authorised officers 1 353. Power to take possession of and lease land or premises on which expenses are due 1 354. Service of notice 1 355. Continued operation of notices and orders 1 356. Proof of ownership 1 357. Power to suspend or cancel licences 1 358. Prosecution of offences 1 359. No abatement 1 360. Penalties 1 361. General penalty 1 362. Proceedings for offence 1 365. Protection against personal liability 1 366. No officer to be concerned in contract 1 367. Recovery of expenses from local government 1 368. Contribution 1 369. Liability of owner and occupier under requisition or order 1 370. Penalty if owner or occupier hinders the other 1 371. Money owing to local government to be charge against land in certain cases 1 372. Provisions as to charge on land or premises 1 373. References to owner and occupier 1 374. Appearance of local governments in legal proceedings 1 375. Power to inspect register of births and deaths 1 376. Authentication of documents 1 377. Evidence 1 378. Regulations and local laws to be judicially noticed 1 379. Transitional provisions for Public Health (Consequential Provisions) Act 2016 1 Schedule 2 Offensive trades Schedule 5 Penalties Schedule 6 — Transitional provisions for Public Health (Consequential Provisions) Act 2016 1. References to Health Act 1911 may be taken to be references to Health (Miscellaneous Provisions) Act 1911 1 2. Continuing effect of things done by Executive Director, Public Health and Executive Director, Personal Health 1 3. References to former titles 1 4. Transitional provisions for Local Health Authorities Analytical Committee 1 5. Transitional provisions for Maternal Mortality Committee, Perinatal and Infant Mortality Committee and Anaesthetic Mortality Committee 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Health (Miscellaneous Provisions) Act 1911 An Act to deal with certain matters concerning public health. [Long title amended: No. 19 of 2016 s. 4.]