Health Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

HEALTH.

No. 101 of 1976.

AN ACT to amend the Health Act, 1911-1975.

[Assented to 17th November, 1976.]

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, 1976.	Short title
Short
citation.

(2) In this Act the Health Act, 1911-1975 is

referred to as the principal Act.	Reprinted as
reprint 14th approved for

(3) The principal Act as amended by this Act AVIlkirer amended by

may be cited as the Health Act, 1911-1976.	Acts Nos. 2
and 42 of
1975.

No. 101.] Health. [1976.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such date or dates as is or are,

respectively, fixed by proclamation.

Section 2

Section 2 of the principal Act is amended by adding immediately before the passage "PART XIII.—CHILD HEALTH AND PREVENTIVE MEDICINE, ss. 331-340." the passage "PART XIIA. —COMMUNITY HEALTH CENTRES, ETC., s. 330A."

amended. 3.

Section 8

repealed and 4. Section 8 of the principal Act is repealed and

re-enacted.	re-enacted as follows-
Minister to

be body 8. (1) The Minister of the Crown for the

corporate.	time being administering this Act shall, for the purposes of this Act, be a body corporate under the name of the "Minister of Public Health" with perpetual succession and a common seal, and by that name shall be capable of suing and being sued, acquiring, holding, letting and taking land on lease, and alienating real and personal property, and of doing and suffering all such other acts and things as may be necessary or expedient for carrying out the purposes of this Act.
(2) Where the Minister enters into any contract or agreement, under seal or otherwise, or makes any lease, under this Act all the rights and liabilities in respect thereof and all benefits and advantages thereunder or interest therein, shall vest in and be enforceable by or against his successor or successors in office, without the necessity of any transfer or assign- ment whatsoever. .
Section 241A

amended. 5. Section 241A of the principal Act is amended by adding immediately before the interpretation "to sell" the following interpretation

"Committee" means the Pesticides Advisory Committee established under this Division; .

1976.] Health. [No. 101.

Section 241B

6. Section 241B of the principal Act is repealed repealed and

and re-enacted as follows-	re-enacted.
Pharmacy

241B. The provisions of this Division do not affect the provisions of the Pharmacy Act, 1964

Act, 1964

and

Poisons Act,

1964 not

or the Poisons Act, 1964. .

affected.

7. Section 241C of the principal Act is repealed ?Zglelici2a4n1g re -enacted .

and re-enacted as follows—

Pesticides

241C. (1) For the purposes of this Division there shall be appointed a Committee to be	Advisory
Committee.
known as the Pesticides Advisory Committee.
(2) The Committee shall consist of four members appointed by the Minister of whom

(a)	one shall be the Commissioner or a medical officer nominated for appoint- ment by the Commissioner;
(b)	one shall be the Government Analyst;
(c)	one shall be the Director of Agriculture or an officer of the Department of Agriculture nominated by the Director of Agriculture; and
(d)	one shall be the person who is for the time being the Secretary of the Committee.

(3) The Commissioner or the medical officer

appointed on the nomination of the Commis-

sioner shall be the Chairman of the Committee.

(4) The Minister may appoint a deputy for any member of the Committee, and at any meeting of the Committee at which a member is not present but his deputy is present, the deputy shall have all the powers and functions of the member.

(5) At any meeting of the Committee

(a) the Chairman shall preside, and in his absence his deputy shall preside, but if neither the Chairman nor his deputy

No. 101.] Health. [1976.

is present the other members present shall elect one of their number to preside;

(b) each member present has a deliberative vote and in the event of an equality of votes the person presiding at the meeting shall also have a second or casting vote.

(6) The Minister shall appoint a person to be the Secretary of the Committee, but the office of Secretary may be held in conjunction with any other office under the Public Service Act, 1904. .

Section 241D 8.

Subsection (1) of section 241D of the principal Act is amended by deleting the word "Advisory" in line two.

amended.

Section 300	9.	Section 300 of the principal Act is amended
amended.

(a) by adding after subsection (1) the following subsection-

( la) Where

(a)	at the request of a medical practitioner, an analysis has been made at a laboratory or like place of a sample or specimen of the blood or other bodily substance of a person; and
(b)	it is ascertained from the analysis that the person is suffering from a venereal disease,

the person in charge or control of the laboratory shall give notice thereof in the prescribed form to the Commissioner, stating the age and sex of the person

1976.] Health. [No. 101.

suffering from the disease, the nature of the disease but not the name or address of the person, and also stating the name and address of the medical practitioner who requested the analysis. ; and

(b) by adding after subsection (2) the following subsection

(2a) For each notice given by him in accordance with subsection (la) of this section, the person in charge or control of the laboratory shall, unless the laboratory is owned by, or receives financial assistance from, the Crown in right of the State or the Commonwealth, be paid by the Commissioner the appropriate fee prescribed by the regulations. .

10. The principal Act is amended by adding as d. 300A

after section 300 a new section as follows—

P rotection

300A. Where any patient who has attended from suit in cer tain

or been treated by a medical practitioner for a uses

venereal disease in an infectious stage notifies in good faith and without malice the medical practitioner of the names of any persons from or to whom the patient considers the disease may have been contracted or transmitted, no action for libel or slander shall lie

(a)	against the patient for making the notification to the medical practi- tioner; and
(b)	where the medical practitioner, with the consent of the patient, commu- nicates the notification to the Commissioner—against the Commis- sioner or the patient for or in respect of the making of the communication to the Commissioner. .

No. 101.] Health. [1976.

Section 330A

added. 11. The principal Act is amended by adding immediately after section 330 the following heading and section

PART XHA.-COMMUNITY HEALTH CENTRES, ETC.

Land

may be	330A. (1) The Minister may, with the
acquired

or leased	consent of the Governor, in the manner
for
community	provided by the Public Works Act, 1902, acquire
health
centres, etc.	land for the purposes of establishing community health centres, child health centres, clinics for the treatment of venereal and other diseases, immunisation clinics, community health services clinics, and children's assess- ment centres and for purposes associated therewith.
(2) Where any land is owned by or vested in the Minister for any of the purposes set out in subsection (1) of this section, the land may, with the consent of the Governor, be leased to a person or persons to enable it to be used for a purpose or purposes associated with any of the purposes set out in subsection (1) of this section. .