Health Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

HEALTH.

No. 102 of 1973.

AN ACT to amend the Health Act, 1911-1972.

[Assented to 28th December, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, 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 Amendment Act, 1973.

and citation.

Short title

Reprinted In

(2) In this Act the Health Act, 1911-1972, is referred to as the principal Act.

Vol. 19 of the

Reprinted

Acts.

Approved

for reprint.

(3) The principal Act as amended by this Act may be cited as the Health Act, 1911-1973.

1st June,

1966, and

amended by

Acts Nos.

35 of 1966. 52 of 1968.

24 of 1970. end 46 of

No. 102.] Health. [1973.

Commence-

ment.	2. This Act or any provision thereof shall come into operation on a date or dates to be fixed by proclamation.
Section 2
amended.	3. Section 2 of the principal Act is amended by deleting the passage "PART XIII.—PROTECTION OF LIFE," and substituting the passage "PART XIII.—CHILD HEALTH AND PREVENTIVE MEDICINE,".
Section 3

amended. 4. Section 3 of the principal Act is amended

(a) in the interpretation of the terms "Midwife" and "midwifery nurse",

(i)    by inserting before the word "female" the words "male or"; and

(ii)    by deleting the words "this Act" in line three of that interpretation and substituting the passage "the Nurses Act, 1968"; and

(b) by deleting the interpretation of the term "Sewage" and substituting a new interpre- tation as follows

"Sewage" means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid. .

Section 98

amended.	5. Section 98 of the principal Act is amended by deleting the words "nightsoil or urine" in line four and substituting the word "sewage".
Section 103
amended.	6. Section 103 of the principal Act is amended by deleting the passage "nightsoil, urine, liquid wastes, and rubbish in lines six and seven and substituting the passage "sewage, rubbish, or refuse".
Section 106

amended. 7. Section 106 of the principal Act is amended— (a) as to subsection (1)-

(i) by deleting the passage "nightsoil,

urine" in line three and substituting

the passage "sewage, rubbish"; and

1973.] Health. [No. 102.

(ii) by deleting the passage "for night-

soil, urine, or refuse" in line nine;

(b) as to subsection (2), by deleting the word "nightsoil" in line three and substituting the word "such".

8. Section 111 of the principal Act is amended

(a)	by deleting the word "nightsoil" in line three and substituting the passage "sewage, rubbish, or refuse"; and
(b)	by deleting the passage "or boxes or receptacles for the reception of refuse," in lines four and five.

Section 112

Section 112 of the principal Act is amended by deleting the passage "nightsoil, urine, and liquid wastes" in line fourteen of subsection (1) and substituting the word "sewage". amended.

9.

10. by deleting the passage "nightsoil, urine" in line three and substituting the word "sewage".	Section 113 of the principal Act is amended	Section 113
amended.

Section 114 of the principal Act is amended by deleting the passage "nightsoil, urine, or liquid wastes" in lines nine and ten and substituting the word "sewage".

Section 114

amended.

11.

12. by deleting the word "nightsoil" in line one and substituting the word "sewage".	Section 115 of the principal Act is amended	Section 115
amended.

Section 116 of the principal Act is amended by deleting the word "nightsoil" in line four of subsection (2) and substituting the word "sewage".

Section 116 amended.

14. Section 118 of the principal Act is amended by deleting the word "nightsoil" in line five of subsection (1) and substituting the word "sewage".

Section 118

amended.

13.

No. 102.] Health. [1973.

Section 119

amended.	15. Section 119 of the principal Act is amended by deleting the word "nightsoil" in line four and substituting the passage "sewage, rubbish,".
Section 120
amended.	16. Section 120 of the principal Act is amended by deleting the word "nightsoil" where it appears

(a)	in line five of subsection (1);
(b)	in line one of subsection (2); and

(c) in line four of subsection (4),

and substituting the word "sewage" in each case.

Section 203

amended.	17. Section 203 of the principal Act is amended by deleting the word "offers" in line one and substituting the passage "or offers for sale or as a prize, reward, inducement, advertisement, or sample".
Section 232A

amended. 18. Section 232A of the principal Act is

amended

(a)	by deleting the word "Where" in line one of subsection (2) and substituting the passage "It shall be an offence against this Act for any person to sell a deficient product, and where"; and
(b)	by deleting the words "an offence by selling a deficient product" in lines two and three of subsection (2) and substituting the words "the offence".

19. Section 273 of the principal Act is amended

(a) as to subsection (1), by deleting the passage "lepers, and may make regulations for the safe custody of such lepers therein" in lines four and five of that subsection and substituting the word "lepers";

1973.] Health. [No. 102.

(b)	as to subsection (4), by deleting the passage ", or who trespasses on such place, or communicates or improperly interferes with any person detained therein," in lines five to eight of that subsection; and
(c)	by adding after subsection (4) two new subsections as follows

(5) The Governor may make regula- tions for the safe custody of persons detained in any such place, for regulating or prohibiting the supply of alcohol and other deleterious substances to any such person, for the control of the interchange of articles which are potentially infective, for the purpose of preventing or checking the spread of leprosy, for the surveillance of such persons granted leave or condi- tional discharge, and in relation to the persons with whom and the circum- stances under which any such person may consort with persons not suffering from leprosy.

(6) A person who trespasses on such place, or unlawfully communicates or consorts, or improperly interferes, with any person detained therein, or who assists or harbours any such person who escapes or attempts to escape, shall be guilty of an offence against this Act. .

20. Section 300 of the principal Act is amended— =odnetiO0

(a)	by redesignating the section as subsection (1); and
(b)	by adding two new subsections as follows

(2) For each notice given by him in accordance with subsection (1) of this section a medical practitioner shall be paid by the Commissioner the appropri- ate fee prescribed by the regulations.

(3) The Governor may make regula-

tions prescribing fees payable to medical

practitioners by the Commissioner for

No. 102.] Health. [1973.

notices given under subsection (1) of this section and the regulations may prescribe differentiating fees for notices or classes of notices.

Part XIII

heading.	21. The principal Act is amended by deleting the heading "PART XIII.—PROTECTION OF LIFE." appearing immediately following section 330 and substituting the heading "PART XIII.—CHILD HEALTH AND PREVENTIVE MEDICINE.".
Section 331

repealed and 22. Section 331 of the principal Act is repealed

re-enacted.	and re-enacted as follows-
Interpreta-

tion. 331. In this Part, unless the context requires

otherwise

"Nurses Act" means the Nurses Act, 1968;

"Nurses Board" means the Nurses Board of Western Australia established under the Nurses Act;

"school dental therapist" means a person employed in that office pursuant to section three hundred and thirty- seven A of this Act. .

Section 332

Section 332 of the principal Act is amended

by deleting the word "Registration" where it

appears

amended. 23.

(a)	in line seven of paragraph (1); and
(b)	in lines two and three of paragraph (2).

Section 334

amended. 24. Section 334 of the principal Act is amended by deleting the word "Registration" where it appears

(a)	in line five of subsection (1);
(b)	in line two of subsection (2); and
(c)	in line five of subsection (4).

1973.] Health. [No. 102.

Section 335

25. Section 335 of the principal Act is amended amended.

(a)	by deleting the word "Registration" in line three of subsection (1); and
(b)	by deleting the passage "Midwives' Regis- tration" in line eight of subsection (3) and substituting the word "Nurses".

Section 337

26. Subsection (2) of section 337 of the principal Act is amended by deleting the passage "duly registered dentist may, if so authorised by the Commissioner or the local authority," in lines one, two and three and substituting the passage "school dental therapist, or any duly registered dentist authorised to do so by the Commissioner or by the local authority, may". amended.

27. The principal Act is amended by inserting 3snn

after section 337 a new section as follows-

337A. (1) There shall be established in 2,Vi°tIs

accordance with this section a school dental Service.

service to provide dental care and treatment

for pre-school and school children.

(2) With the approval of the Minister, the Commissioner may establish and maintain teaching schools and facilities for the training of persons as school dental therapists, and any such school shall be deemed to be a school of dental therapy that is approved by the Dental Board of Western Australia for the purposes of paragraph (e) of subsection (2) of section 50 of the Dental Act, 1939.

(3) There shall be appointed under and subject to the Public Service Act, 1904, such dentists, school dental therapists and other officers and staff as may be required for the purposes of this section.

(4) A school dental therapist shall possess such qualifications and perform such duties as are prescribed.

No. 102.] Health. [1973.

(5)

Subject to such restrictions and limita- tions as are prescribed, and as the Minister may specify in any particular case, a school dental therapist is entitled to undertake the duties and acts of dentistry specified in subsection (1) of section 50A of the Dental Act, 1939, in the performance of her duties as such, and where she practises any dentistry that she is so entitled to practise or performs any operation in the practice of that dentistry neither she nor any other person is guilty of an offence under that Act by reason of that dentistry being practised or that operation performed.

(6) The Governor may make regulations for carrying into effect the provisions of this section. .

New section

3380 added. 28. The principal Act is amended by inserting

after section 338B a new section as follows-

Prohibition

of sale, etc.,	338C. Where any article or thing is offered for sale as a child's toy and is found to be, or in the opinion of the Commissioner is likely to be, unsafe or a danger to the health or life of any person, the Commissioner may prohibit its sale, distribution or possession. .
of unsafe
toys.
Section 339

repealed. 29. Section 339 of the principal Act is repealed.