Health Act Amendment Act 1955 (WA)

1955.1 Health. [No. 29.

HEALTH.

4° Elizabeth II., No. XXIX.

No. 29 of 1955.

AN ACT to amend the Health Act, 1911-1954.

[Assented to 15th November, 1955.]

BE it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Health Act 2grctigNieo„.

Amendment Act, 1955.

(2) In this Act, the Health Act, 1911-1954,

Act No. 39 of 1911, as reprinted with amendments NoeIggeTthe

to and including Act No. 71 of 1948, incorporated Approved tps1:01v9gg.f or

pursuant to the provisions of the Amendments reprint, 17th March, / 999.

No. 29.] Health. [1955.

Incorporation Act, 1938, and as further amended by Acts Nos. 25 of 1950, 11 and 25 of 1952, and 34, 45 and 73 of 1954,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Health Act, 1911-1955.

S. 82A

added. 2. The principal Act is amended by adding after

section eighty-two, the following section:—

Where

the local	82A. (1) Where the local authority has been
authority

makes	requested in writing by the owner of premises
connections
with sewers
it may enter	in the district of the local authority to arrange
into agree-
ments with	for the connection of any of the drains of the
PDX=	responsible	premises with a sewer, whether constructed by
for payment
of cost.	or under the control of the local authority or
Cf. s. 100.	not, the local authority may do the necessary work and provide the necessary materials, and may recover from the owner the expenses incurred by the local authority in doing so.
(2) The local authority may at the request of the owner enter into an agreement with the owner for the payment of the expenses, by such instalments extending over such period, not exceeding fifteen years, and including such rate of interest, as the local authority deems reasonable.

So much of the expense, and so much of the interest due, as is not paid to the local authority, is a charge upon the land on or in relation to which the expense is incurred, not- withstanding any change that may take place in the ownership of the land.

(3)

S. 198

amended	3. Section one hundred and ninety-eight of the
Cf. Gazette,

14th Decem-	principal Act is amended by substituting for the
ber. 1951, p.
3422, reg. 77A	words, "one hour" in line three, the words, "two
made under
the Stock	hours".

Diseases Act,

1895-1954.

1955.] Health. [No. 29.

4. Section one hundred and ninety-nine of the amended.

principal Act is amended

(a)	by deleting the word, "not" in line three of paragraph (9); and by adding after the word, "on" being the last word in that paragraph, the words, "and prohibiting the establishing or carrying on of noxious or offensive trades, businesses, or manufac- tures, elsewhere than in localities so defined"; and
(b)	by adding after paragraph (20) the follow- ing paragraph:

(21) Specifying what are toxic sub- stances and what are hazardous sub- stances, prescribing generally, or in any class of case, or in any particular case, how they shall be branded or labelled; and with respect to the prevention of nuisance or injury to health from the transport, deposit, use, manufacture, sale or stor- age, of substances so specified.

5. The principal Act is amended by adding after Tart

the heading

PART XII.—HOSPITALS.

Division 1.—Public Hospitals.

the following section:-

316A. (1) In the Division unless the context Inecr-

requires otherwise—

"infectious disease" means-

(i) acute anterior poliomyelitis;

(ii)    diphtheria in any person other than one who is proved to the satisfaction of the Commissioner to have been inoculated against

the disease;

No. 29.] Health. [1955.

(iii)

dysentery whether bacillary or

amoebic;

(iv)  infantile diarrhcea being diarrhcea of more than forty- eight hours duration in an infant under the age of two years;

(v) infective hepatitis;

(vi)   murine typhus;

(vii)    paratyphoid fever;

(viii)    salmonella infection;

(ix)   typhoid fever; and

(x)    such other disease as is declared by regulation either generally or in any class of case to be an infectious disease for the pur- poses of this Division.

(2) By regulation the Governor may declare any disease to be an infectious disease, and may declare any disease including any disease speci- fied in subsection (1) of this section, to be no longer an infectious disease, for the purposes of this Division.

(3) Subsection (2) of this section does not prejudice or otherwise affect the application to this Act of the provisions of the Interpretation Act, 1918 in general or of section thirty-eight of that Act, in particular.

8. 3/7

Section three hundred and seventeen of the principal Act is amended by deleting the sentence commencing with the words, "The words, 'infectious disease' " in line seven and ending with the word, "diseases" in line fourteen.

amended. 6.

S. 318

amended. 7. Section three hundred and eighteen of the

principal Act is amended

(a) by adding after the word, "shall" in line two of subsection (9), the passage, ", subject to section three hundred and twenty-three A of this Act,"; and

1955.] Health. [No. 29.

(b) by adding after the word, "and" in line four of subsection (10) the passage, ", subject to section three hundred and twenty-three A of this Act,".

S. 319

8. Section three hundred and nineteen of the principal Act is amended amended.

(a)	by adding before the word, "maintenance" in line six of subsection (3), the passage, ", subject to section three hundred and twenty-three A of this Act,"; and
(b)	by adding after the word, "shall" in line three of subsection (4), the passage, ", sub- ject to section three hundred and twenty- three A of this Act,".

9. Section three hundred and twenty of the	S. 320
amended.

principal Act is amended by adding after the word, "Commissioner" in line seven, the passage, ", having regard to section three hundred and twenty-three A of this Act,".

10. Section three hundred and twenty-one of the	S. 321
amended.

principal Act is amended by adding after the third

proviso to subsection (2) the following subsection:

(3) This section is subject to section three

hundred and twenty-three A of this Act.

11. Section three hundred and twenty-three of the principal Act is amended by adding after the word, "and" in line three of subsection (2), the passage, ", subject to section three hundred and twenty-three A of this Act,".	S. 323
amended.
12. The principal Act is amended by adding after section three hundred and twenty-three the follow- ing section:-

323A. (1) In order to finance the treatment

Contributory

scheme for

of infectious disease cases on and after the first

financing

treatment of

day of July, one thousand nine hundred and

infectious

disease.

fifty-six,

No. 29.] Health. [1955.

(a) the total cost incurred during the year ending on the thirtieth day of June, one thousand nine hundred and fifty-seven of maintaining and treating all persons having any infectious disease

(i)

in any hospital established under

this Division;

Cf. No. 23 of

2927 as	(ii)	in any hospital which is a public
emended.	hospital under the Hospitals Act, 1927; or
(iii)	in the Princess Margaret Hospi- tal for children;

shall be ascertained, certified, and supplied to the Minister, by the Auditor General;

(b)

the total amount received from or on account of persons so maintained and treated during that year shall be ascer- tained, certified, and supplied to the Minister, by the Auditor General;

(c)

after deducting that total amount

received shall be paid

the balance of that total cost remaining

(i)    as to two-thirds of that balance by the Minister from money appropriated by Parliament for the purpose; and

(ii)    as to one-third of that balance by each of the local authorities in the State by such contribution as bears to the amount of that one-third, the ratio which the population of the district of the local authority bears to the total population of all district s throughout the State at the thirtieth day of June, one thous- and nine hundred and fifty- seven as certified in a certificate

1955.] Health. [No. 29.

supplied to the Minister by the Government Statistician in accordance with the latest infor- mation he then has;

(d)	the Minister shall pay the whole of the balance mentioned in paragraph (e) of this subsection for the year ending on the thirtieth day of June, one thousand nine hundred and fifty-seven in the first instance, and each of the local authorities shall recoup the Minis- ter that one-third of that balance in accordance with subparagraph (ii) of paragraph (c) of this subsection, at such time as the Minister appoints by assessment served on the local authority;
(e)	the total cost mentioned in paragraph (a), the total amount mentioned in paragraph (b), and the balance men- tioned in paragraph (c) of this sub- section, shall likewise be ascertained as at the thirtieth day of June in the year one thousand nine hundred and fifty-eight and as at that day of that month in each year thereafter, and shall be paid as to two-thirds of that balance for each year respectively by the Minister, and as to one-third of that balance for each year respectively, by the local authorities, as provided in paragraphs (f), (g) and (h) of this subsection, by contributions in the respective proportions referred to in subparagraph (c) of this subsection, the provisions of which apply mutatis mutandis in respect of each of those respective years;
(f)	tions payable by each of the local authorities for the year ending on the

the Minister shall cause the contribu-

No. 29.] Health. [1955.

thirtieth day of June, one thousand nine hundred and fifty-eight and for each year ending on that day of that month thereafter, to be assessed as at the first day of July in the year one thousand nine hundred and fifty-seven, and as at that day of that month in

Cf. No. 30 of

1918, s. 4.	each of the respective years thereafter,
Financial
year.	on the amount of contribution payable by the local authority in respect of the then next preceding financial year adjusted so as to take into account any amount by which the assessed contri- bution exceeds, or is less than, the ascertained contribution, in respect of that next preceding financial year;

(g)	the Minister shall cause notice of assessment of their respective recoups or contributions to be served on each of the local authorities;
(h)	each of the local authorities shall within such time as is specified in the assessment, pay to the Minister the amount of recoup or contribution stated in an assessment so served; and

(i)   where the amount of recoup or a con- tribution is not paid within the time specified in the assessment, the amount is recoverable under section three hun-

Cf. . s. 367. dred and sixty-seven of this Act.

Where there is inconsistency between the provisions of this section or their operation, and any other provisions of this Division or their

(2)

As to

arrange-	operation, or any agreement or arrangement
ments.
Cf. s. 318	made under any other provision of this Division,
(9), 320, 321
(11 and 323	the provisions of this section prevail, but the
(2).	provisions of this section do not affect those of section three hundred and twenty-two of this Act.

(a) Where because of the operation of this section any doubt, difficulty or question, arises under any agreement or arrangement

(3)

1955.] Health. [No. 29.

made under this Division, if the Governor is of opinion that an Order is necessary or desirable for resolving the doubt, difficulty, or question, the Governor may from time to time make such Order in Council as he thinks fit, and may, from time to time by subsequent Order in Council amend or cancel an Order so made.

(b) The Minister shall cause an Order so made to be published in the Gazette, and on being so published, the Order takes effect according to its tenor.

5.324

13. Section three hundred and twenty-four of

amended.

Cf. s. 324 as

the principal Act is amended by substituting for the

amended by

No. 25 of

passage, "but any expenditure under this section

1950, s. 9.

shall not exceed ten per centum of the ordinary income under this Act of the local authority or one hundred pounds, whichever is the greater" com- mencing in line three, the passage, "or any institu- tion or centre, residential or non-residential, for the care of the aged".