Health Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

HEALTH

No. 47 of 1978.

AN ACT to amend the Health Act, 1911-1976.

[Assented to 29th August, 1978.]

RE 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:—

Short title

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

and citation.

Amendment Act, 1978.

Reprinted

(2)

In this Act the Health Act, 1911-1976 is referred to as the principal Act.

as approved for reprint

14th April,

1975 and

amended by

Acts Nos.

2 of 1975.

(3)

The principal Act as amended by this Act may

94 of 1972

as amended

be cited as the Health Act, 1911-1978.

by Act

Nos. 42 of

1975, and 101

of 1976.

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[1978.

Commence-

ment.	2. The provisions of this Act shall come into operation on such day or days as is, or are respec- tively, fixed by proclamation.
Section 2

amended.

3. Section 2 of the principal Act is amended

(a)

by adding immediately after the passage

"PART VIIIA.—ANALYTICAL SERVICES,

ss. 247A-247F." the following passage

PART VIIIB.—HEALTH LABORATORY SERVICES, s. 247G. ;

(b)	by deleting the passage "s. 330A." in the reference to Part XIIA, and substituting the passage "ss. 330A-330B."; and
(c)	by adding immediately after the passage "PART XIIIA.—MATERNAL MORTALITY COMMITTEE, ss. 340A-340N." the following passage

PART XIIIB.—PERINATAL AND INFANT MORTALITY COMMIT- TEE, ss. 340AA-340AN.

PART XIIIC.—ANAESTHETIC MORT- ALITY COMMITTEE, ss. 340BA- 340BN. .

Section 205A

amended.	4. Section 205A of the principal Act is amended by deleting all the words following the word "offence" in line five of subsection (4).
Section 207

repealed.	5. Section 207 of the principal Act is repealed.
Section 208

amended.

6. Section 208 of the principal Act is amended by deleting subsection (3).

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[No. 47.

Section 215

7. Section 215 of the principal Act is repealed.	repealed.
Section 218
8. Section 218 of the principal Act is amended	amended.

(a)	as to subsection (1), by deleting all the words following the passage "powdered,", where it appears in paragraph (e), and substituting the words "commits an offence"; and

(b) by deleting subsection (3).

9. Section 219 of the principal Act is amended by =1,1119

deleting all the words following the passage "quality,", where it appears in line five, and sub- stituting the words "commits an offence".

Section 220

10. Section 220 of the principal Act is amended

amended.

by deleting all the words following the passage "this Act" where it appears in line five of paragraph (c) of subsection (1), and substituting the words "commits an offence".

11. Section 221 of the principal Act is amended	Section 221
amended.

by deleting subsection (2) and substituting a new

subsection as follows

(2) Any person who fails to comply with the provisions of subsection (1) of this section commits an offence.

12. Section 222 of the principal Act is amended	Section 222
amended.

by deleting all the words following the word "provisions", in line two of subsection (3), and substituting the passage "of subsection (1) of this section commits an offence".

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[1978.

Section 223

Section 223 of the principal Act is amended by deleting the words "shall be guilty of an offence against this Division", in lines five and six of subsection (2), and substituting the words "com- mits an offence".

13.

amended.

Section 224

Section 224 of the principal Act is amended by deleting the words "shall be liable to a penalty not exceeding forty dollars", in lines six and seven, and substituting the words "commits an offence".

amended.

14.

Section 226

Section 226 of the principal Act is amended by deleting the words "shall be guilty of an offence against this Division", in lines nine and ten, and substituting the words "commits an offence".

amended.

15.

Section 227

16. Section 227 of the principal Act is amended

amended.

(a)	as to subsection (1), by deleting the words "shall be guilty of an offence against this Division", in lines ten and eleven, and substituting the words "commits an offence";
(b)	as to subsection (3), by deleting the words "against this Division", being the last three words in that subsection; and
(c)	as to subsection (4), by deleting the words "shall be guilty of an offence against this Division", in lines twelve and thirteen, and substituting the words "commits an offence".

Section 228

amended.

17. Section 228 of the principal Act is amended

(a)	as to subsection (2), by deleting the words "shall be guilty of an offence against this Division" in lines seven and eight, and substituting the words "commits an offence"; and

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(b) as to subsection (12), by deleting the words "shall be guilty of an offence against this Division", in lines four and five, and substituting the words "commits an offence".

Section 230

Section 230 of the principal Act is amended by deleting the words "shall be guilty of an offence against this Division", in lines thirty-six and thirty- seven, and substituting the words "commits an offence".

amended.

18.

19. Secton 236 of the principal Act is amended by 2ggiodnea.36

deleting all the words following the word "compound", in line ten, and substituting the words "commits an offence".

Section 237

20. Section 237 of the principal Act is amended

amended.

(a)	by inserting after the section designation "237." the subsection designation "(1)"; and
(b)	by adding a further subsection as follows

(2) A person who contravenes the provisions of subsection (1) of this section commits an offence. .

21. Section 239 of the principal Act is amended by deleting the words "shall be guilty of an offence against this Act", in lines seven and eight, and sub- stituting the words "commits an offence".	Section 232
amended.

22.	Section 241 of the principal Act is repealed.	g=i2.41
23.

Section 241F of the principal Act is amended by deleting the passage commencing with the words "is guilty" in line thirteen and ending with the word "continues", being the last word in the section, and substituting the words "commits an offence".	Section 241P'
amended.

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[1978.

Section 2411

amended.

24.

Section 2411 of the principal Act is amended

by deleting the words "not exceeding one hundred

dollars", in lines one and two of subsection (2).

Section 243

25.

Section 243 of the principal Act is amended by deleting the words "shall be guilty of an offence", where they occur as the last words of subsection (1) and of subsection (2), and substituting in each case the words "commits an offence".

amended.

Section 244

26.

Section 244 of the principal Act is amended by deleting the words "shall be guilty of an offence", in line seven, and substituting the words "commits an offence".

amended.

Section 245

27.

Section 245 of the principal Act is amended by deleting the words "shall be guilty of an offence", where they occur as the last words of subsections (1), (2), (3), (4) and (5) and substituting in each case the words "commits an offence".

amended.

Section 246

Section 246 of the principal Act is amended by deleting the words "shall be guilty of an offence", in line four, and substituting the words "commits an offence".

amended.

28.

Section 247

repealed and

29. Section 247 of the principal Act is repealed

re-enacted.

and re-enacted with amendments as follows-

Penalties.

247. Any person who commits an offence against any provision of this Part of this Act, or against any by-law or regulation made under any Division of this Part of this Act, shall be liable on conviction, if there is no penalty specially provided for such offence

(a)	for a first offence, to a penalty of not less than fifty dollars and not exceed- ing one hundred dollars;
(b)	for a second offence, to a penalty of not less than two hundred dollars and not exceeding five hundred dollars; and

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(c)	for each subsequent offence, to a penalty of not less than three hundred dollars and not exceeding one thousand five hundred dollars, or imprisonment with or without hard labour for a period not exceeding six months. .

30. The principal Act is amended by inserting nzyme

after section 247F a heading and new sections to

stand as Part VIIIB as follows

PART VIIIB.-HEALTH LABORATORY SERVICES.

247G. (1) For the purpose of providing ;Itaino„

diagnostic and related services to meet the services.

requirements of the Department of Public

Health, the public hospital service and other

bodies and persons there shall be a Health

Laboratory Service which shall form part of the

Department of Public Health.

The branch of the Public Service known as the State Health Laboratories heretofore established shall hereafter be, and be main- tained as, part of the Health Laboratory Service.

(2)

(3) The Minister may enter into arrange- ments with any hospital, university or other body or person with respect to the supply of laboratory and other related services either to the Health Laboratory Service or, at the request of any person, by the Health Laboratory Service.

(4)

Subject to the Public Service Act, 1904, there shall be appointed such officers and other staff as may be requisite to provide and maintain the services to be rendered.

There shall be appointed by the Minister a committee to advise on any proposal to expand any existing laboratory service or to set up any new service, and such other committees as may be required for the purposes of the Health Laboratory Service, and the constitution and terms of reference of any such committee shall be such as the Minister may determine.

(5)

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(6) The Governor may make regulations for and in respect to the Health Laboratory Service, and may prescribe fees and charges to be paid for the services rendered by the Health Laboratory Service. .

Sectioma 318A

to 3238

31. Section 316A to section 323B, inclusive, of

repealed.	the principal Act are repealed.
Section 330E

added.

32. The principal Act is amended by inserting

after section 330A a new section to stand as section

330B, as follows-

Local

authorities	330B. (1) For the purpose of providing for
may sub-

sidise	the needs of the inhabitants of the municipality
certain
medical	a local authority may provide and maintain or
centres.	grant financial or other assistance towards the provision and maintenance of

(a)	land, buildings or facilities associated therewith acquired or to be acquired by the Minister pursuant to section 330A of this Act;
(b)	land or buildings to provide practice or living accommodation required for the use of any medical practitioner or dental practitioner in practice on his own account.

For the purposes of this section a local authority may enter into an agreement with another local authority, the Commissioner, a medical or dental practitioner in practice on his own account, or any other person necessary to make provision for the erection, purchase, taking on lease, letting out, use or maintenance of the facilities provided or to be provided.

(2)

The facilities to be provided or assistance to be given under this section may be so provided or assisted jointly with another local authority, and may relate to a centre or services established or provided elsewhere than in the municipality. .

(3)

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33. The principal Act is amended by inserting /7(e

/aVer"ml

after section 336 a new section, to stand as section

336A, as follows-

336A. (1) Whenever any child of more than agablacr twenty weeks gestation is still-born or any bee],,gttrd

child under the age of one year shall die from agle any cause whatsoever, the fact shall be reported stoner.

forthwith to the Commissioner by the medical practitioner who was at the time of such still- birth or death attending that child or who certified that the death of the child had occurred.

(2)

Except where the circumstances are such that the Commissioner is satisfied that the cause of death arose from a specific injury, or from an illness that the Committee has directed does not require further investigation, upon receipt of the report the Commissioner shall by notice in writing signed by him direct an investigator appointed under the provisions of Part XIIIB of this Act to enquire into the circumstances of that still-birth or death and by such notice require him to present to the Chair- man of the Perinatal and Infant Mortality Committee appointed under that Part, within a time to be specified in the notice, a full report of the investigation made by him.

(3) The report of the investigator presented to the Chairman shall be in the form of con- nected medical case history relating to the deceased child but shall not contain any particulars from which it may be possible to ascertain the identity of that child.

(4) For the purposes of this section all information, records of interviews, reports, statements, memoranda or other particulars obtained by the investigator during an investi- gation made by him pursuant to the provisions of this section shall be confidential and shall not be communicated or divulged, either in

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whole or in part, to any person other than the Chairman of the Perinatal and Infant Mortality Committee, or by the Chairman or any other member of the Committee, except for the purposes and in accordance with the provi- sions of Part XIIIB of this Act.

(5) No information, record, report, state- ment, memorandum or particulars referred to in subsection (4) of this section shall

(a)	be admissible in any court or before any tribunal, board or person in any action, cause or inquiry of any kind whatsoever; or
(b)	be exhibited or divulged in whole or in part by any person employed by or acting with the instructions or under the authority of the Perinatal and Infant Mortality Committee except for the purposes and in accordance with the provisions of Part XIIIB of this Act.

(6) No person, corporate body, association, or institution shall be liable in any action for damages or other relief by reason of the furnish- ing to the investigator, or to the Perinatal and Infant Mortality Committee, of any inform- ation, record, report, statement, memorandum or particulars referred to in subsection (4) of this section.

(7) Nothing in this section shall prejudice or otherwise affect any of the provisions of the Coroners Act, 1920, or of any other Act so far as the same relates to prosecutions for indictable and other offences and the obtaining and adducing of evidence relative thereto, but this section shall be read and construed as separate and distinct from the provisions of those Acts. .

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Part XIIIB

34. The principal Act is amended by inserting

after Part XIIIA a new Part, to stand as Part XIIIB

of the principal Act, as follows

added.

PART XIIIB.-PERINATAL AND INFANT MORTALITY

COMMITTEE.

340AA. In this Part unless the context =meta-

requires otherwise

"Committee" means the Perinatal and Infant Mortality Committee consti- tuted under this Part;

"investigator" means the medical practi- tioner from time to time appointed under this Part;

"member" means a person appointed to be a member of the Committee, and includes the Chairman of the Committee;

"metropolitan area" means that portion of the State within a radius of eighty kilometres from the General Post Office at Perth.

Constitution

340AB. (1) For the purposes of this Part a body to be called the "Perinatal and Infant	and officesof Commit-	tee.
Mortality Committee" and having the functions prescribed by this Part shall be constituted as provided in this section.
(2) The Minister shall appoint six persons to be permanent members and four persons to be provisional members of the Committee, and eight of those persons appointed, namely, the six permanent members and two of the provi- sional members selected in accordance with subsection (1) of section three hundred and forty AK of this Act, shall constitute the Committee.

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(3) Of the six persons appointed as perm- anent members of the Committee

(a)	one shall be the Professor of Obstetrics of the University of Western Australia;
(b)	one shall be a medical practitioner of the Public Health Department nomin- ated by the Commissioner;
(c)	one shall be a medical practitioner specialising in neonatal paediatrics at King Edward Memorial Hospital nominated by the Hospital Board of that hospital;
(d)	one shall be a medical practitioner specialising in neonatal paediatrics at Princess Margaret Hospital for Child- ren nominated by the Hospital Board of that hospital;
(e)	one shall be a general medical practitioner having not less than five years practice outside the metropolitan area, nominated by the State Branch of the Australian Medical Association; and
(f)	one shall be a medical practitioner specialising in Clinical Epidemiology nominated by the Commissioner.

(4) Of the four persons appointed as provi- sional members of the Committee

(a)	one shall be a medical practitioner specialising in obstetrics and perinatal care, nominated by the State Branch of the Australian Council of the Royal College of Obstetricians and Gynaecol- ogists;
(b)	one shall be a general medical practi- tioner with special interest in perinatal care, nominated by the State Branch of the Royal Australian College of Gen- eral Practitioners;

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(c)	one shall be a general medical practi- tioner, nominated by the Commis- sioner; and
(d)	one shall be a midwifery nurse in clinical practice nominated by the State Branch of the Royal Australian Nursing Federation.

(5) The Chairman of the Committee shall be appointed by the Minister from amongst the persons who are permanent members of the Committee.

Appointment

340AC. (1) The Minister may appoint

of deputies.

persons as deputies to act in the respective places of the Chairman and other members of the Committee when not able or available to act, and persons so appointed may while acting exercise the same powers and are entitled to the same rights and subject to the same liabilities as the members for whom they act as deputies.

(2) Where a member is required under section three hundred and forty AB of this Act to be nominated by a specified body, a person is not eligible for appointment as a deputy of that member of the Committee unless he is nominated as deputy by that body or unless he is appointed by the Minister under the provi- sions of subsection (3) of section three hundred and forty AD of this Act.

340AD. (1) The bodies mentioned in subsec- 1ColoT en

tions (3) and (4) of section three hundred and to Minister.

forty AB of this Act shall nominate to the Minister when he so requests, or when a vacancy occurs in accordance with section three hundred and forty AF of this Act, a member or members of the respective body to become a permanent member, or as the case may be, a provisional member of the Commit- tee.

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(2) Without affecting the generality of the power conferred by subsection (1) of this section the Minister may from time to time as occasion requires request a body referred to in subsection (3) or (4) of section three hundred and forty AB of this Act to nominate, within a specified period, for appointment as a permanent or provisional member of the Committee, or as a deputy member, any number of persons not exceeding three, and may appoint such one as he thinks fit.

(3) If no nomination is made within the period specified by the Minister, he may appoint such a person or persons as he thinks fit to fill the office or to be a deputy as the case may be.

Tenure of

office.	340AE. (1) The term of tenure of office of a person appointed as a permanent or provisional member of the Committee expires by effluxion of time on the expiration of a period of three years commencing on the day specified in the notice of the appointment published in the Government Gazette as the commencing day of that term.
(2) Notwithstanding the provisions of sub- section (1) of this section, in the case of the initial appointments of provisional members of the Committee the Minister shall appoint the provisional members referred to in paragraphs (a) and (d) of subsection (4) of section three hundred and forty AB of this Act for a period of two years, but in all subsequent appointments
the provisions of subsection (1) of this section
shall apply.
When office

of member	340AF. (1) The office of a member of the
becomes

vacant.

Committee becomes vacant if

(a) he dies;

(b)	he resigns by written resignation delivered to the Minister;
(c)	his term of tenure of office expires by effiuxion of time;

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(d)	through mental or physical infirmity or sickness he is, and is likely to continue to be, unable satisfactorily to carry out the duties and perform the functions of his office; or
(e)	he absents himself from three consecu- tive meetings of the Committee of which he is a member without leave of absence.

(2) The Chairman shall hold office as such at the pleasure of the Minister.

Vacancies In

340AG. (1) When a vacancy occurs in the office of a member of the Committee, the Min-	offices of members to
be Wed.
ister shall appoint a person to fill the vacancy, and where pursuant to section three hundred and forty AB of this Act a specified body has the right to nominate that member the Minister shall not so appoint a person unless he is nominated by the appropriate body mentioned in that section, or unless subsection (3) of section three hundred and forty AD of this Act applies to the office.
(2) Where a vacancy in the office of a member occurs during his term of office, the person appointed to fill the vacancy is entitled to occupy the office only for the remainder of that term.
(3) A person is not rendered ineligible for appointment to the office of member or as a deputy because he has previously occupied office as such.
340AH. (1) Four members of the Committee or their respective deputies, of whom one shall be the Chairman or his deputy, constitute a quorum of the Committee so long as at least one permanent member other than the Chair- man and one provisional member, or their respective deputies, are amongst those present.	Quorum.

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(2) Anything done by the Committee is not invalid or defective on the ground that, when done, there was a vacancy in, or defect in appointment to, office on the Committee.

Reimburse-

ment of	340A1. The Chairman and other members of the Committee and their respective deputies are entitled to such reimbursements of expenditure as the Minister from time to time determines, and is hereby authorised to determine.
expenses of
members.
Appointment
of investi-	340AJ. (1) The Minister may, in order to give effect to the purposes of section three hun- dred and thirty-six A of this Act, appoint two investigators for such term, at such remunera- tion and subject to such conditions of service as the Minister determines, and is hereby authorised to determine.
gator.
(2) Of the persons appointed to be investi- gators pursuant to the provisions of subsection (1) of this section

(a)	one shall be a medical practitioner who is a specialist in obstetrics; and
(b)	one shall be a medical practitioner who is a specialist in neonatal paediatrics.

(3) The Minister may at any time appoint a person having the necessary qualifications to act, and who shall act, as investigator during the absence of either of the investigators appointed under subsection (1) of this section, or where through any cause such an investi- gator is unable to perform the functions of his office, or during any vacancy in those offices.

Functions of

Committee.

340AK. (1) Whenever an investigator shall present to the Chairman of the Committee a report pursuant to the provisions of section three hundred and thirty-six A of this Act, the Chairman shall consider the report, and having regard to the circumstances disclosed by the report and the nature of the medical case

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history of that still-born or deceased child, may select two of the provisional members of the Committee as he deems necessary or advisable and shall notify the Commissioner of such selection and the identity of the members so selected.

(2) Upon receipt of the notification referred to in subsection (1) of this section, the Commis- sioner shall convene a meeting of the permanent members of the Committee and the two provisional members so selected under that subsection, to be held within ten days of the receipt by him of the notification.

The Committee shall consider the report of the investigator and for the purpose of assisting it in such consideration may co-opt such medical practitioners, nurses, or other persons with specialised knowledge as the Committee thinks necessary.

(3)

Upon its consideration of the report the Committee shall determine whether in the opinion of the Committee the still-birth or death the subject of the report might have been avoided, and may add to such determination such constructive comments as the Committee deems advisable for the future assistance and guidance of medical practitioners and nurses.

(4)

(5) The determination of the Committee, including the comments referred to in subsection (4) of this section, shall be notified in writing by the Chairman to the medical practitioner who was attending the child at the time of the occurrence of the still-birth or death so investigated.

(6)

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Committee in making that determination, and the Commissioner shall have the care and control of those records, reports, statements, memoranda and other documents, and keep or cause to be kept the same in safe custody, and except as provided by this Part and with his sanction in writing, shall not permit any of those records, reports, statements, memoranda or other documents to be inspected.

(7) A summary of the cases investigated by the investigators and considered by the Com- mittee during each year shall be forwarded by the Chairman to the Commissioner.

When report

may be	340AL. (1) The Committee may publish, or cause to be published, in any medical journal, or may make available to the Medical School of the University of Western Australia for use in the teaching of medical students or for purposes of medical research, any investigator's report considered by the Committee and its determination relating thereto and any com- ments made by it, but all reasonable steps shall be taken to preclude disclosure or identifi- cation of the person or persons, child or children concerning whom the investigation and resultant report was made.
published.
(2) The Committee may impart, or cause to be imparted, to medical practitioners, medical students, nurses and trainee nurses such education and instruction in medical theory and practice as it may deem necessary or advisable from time to time so to do for their assistance and guidance in avoiding and preventing perinatal or infant morbidity or mortality.
Information
for research	340AM. (1) No person engaged in research relating to any matter necessitating the use of or reference to any information, record, report, statement, memorandum or particulars referred
not to be
disclosed.

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to in subsection (4) of section three hundred and thirty-six A of this Act shall in any way, directly or indirectly, disclose or divulge any information obtained by him therefrom, except as may be strictly essential in or for carrying out the research.

(2) No member of the Committee, or any person employed by or acting with the instructions or under the authority of the Committee, except an investigator appointed under section three hundred and forty AJ of this Act acting in the course of his duties, shall interview or in any way communicate with any person referred to in any report of the investi- gator or any relative of that person, unless the consent in writing of the medical practitioner who was attending the child at the time of the occurrence of the still-birth or death being investigated is first obtained.

340AN. (1) The Committee may, with the Regulations.

approval of the Governor, make such regula- tions as the Committee considers necessary, convenient or desirable to assist it to carry out its functions or for better carrying out the objects and purposes of section three hundred and thirty-six A of this Act.

(2) Without prejudice to the generality of subsection (1) of this section, regulations may be so made prescribing or relating to

(a)	the conduct of meetings and proceed- ings of the Committee;
(b)	the appointment, supervision, control, suspension and dismissal of officers for the purposes of this Part of this Act;
(c)	the duties to be performed by officers employed or engaged by the Committee and the manner of their performance.

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New section

added.

35. The principal Act is amended by inserting

after section 336 a new section, to stand as section

336B, as follows-

Death of

persons	336B. (1) Whenever any person shall die
under

anaesthetic	within the period of forty-eight hours following
to be
reported to	the administration of an anaesthetic agent or as
the Commis-
sioner.	the result of any complications arising from the administration of an anaesthetic, the fact of such death shall be reported forthwith to the Commissioner by the person who administered the anaesthetic to the deceased.
(2) Where a medical practitioner who attended a person prior to the death of that person is of the opinion that anaesthesia or the administration of an anaesthetic may reason- ably be suspected as the cause of death or as contributing to the cause of death of that person, that medical practitioner shall forth- with report to the Commissioner that he has formed such an opinion.
(3) Upon receipt of a report made pursuant to subsection (1) or subsection (2) of this sec- tion the Commissioner shall, subject to sub- section (4) of this section, by notice in writing signed by him direct an investigator appointed under the provisions of Part XIIIC of this Act to enquire into the circumstances of the death and if in the opinion of that investigator the death is likely to have been due to anaesthesia then he shall pursue the investigation and shall be required to present to the Chairman of the Anaesthetic Mortality Committee appointed under that Part, within a time to be specified in the notice, a full report of the investigation made by him, but if in the opinion of the investigator the death was not likely to have been due to anaesthesia he shall report his finding to the Commissioner.
(4) Where the circumstances are such that an investigation is being or will be undertaken by the Maternal Mortality Committee in

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accordance with Part XIIIA of this Act then notwithstanding the provisions of subsection (3) of this section the Commissioner shall not be required to direct an investigation pursuant to this section.

(5) The report of the investigator presented to the Chairman shall be in the form of connected medical case history relating to the deceased person but shall not contain any par- ticulars from which it may be possible to ascertain the identity of that person.

(6) For the purposes of this section all information, records of interviews, reports, statements, memoranda or other particulars obtained by the investigator during an investi- gation made by him pursuant to the provisions of this section shall be confidential and shall not be communicated or divulged, either in whole or in part, to any person other than the Chairman of the Anaesthetic Mortality Committee, or by the Chairman or any other member of the Committee, except for the purposes and in accordance with the provisions of Part XIIIC of this Act.

(7) No information, record, report, state- ment, memorandum or particulars referred to in subsection (6) of this section shall

(a)	be admissible in any court or before any tribunal, board or person in any action, cause or inquiry of any kind whatsoever; or
(b)	be exhibited or divulged in whole or in part by any person employed by or acting with the instructions or under the authority of the Anaesthetic Mortality Committee except for the purposes and in accordance with the provisions of Part XIIIC of this Act.

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No person, corporate body, association, or institution shall be liable in any action for damages or other relief by reason of the furnish- ing to the investigator, or to the Anaesthetic Mortality Committee, of any information, record, report, statement, memorandum or particulars referred to in subsection (6) of this section.

(8)

Nothing in this section shall prejudice or otherwise affect any of the provisions of the Coroners Act, 1920, or of any other Act so far as the same relates to prosecutions for indict- able and other offences and the obtaining and adducing of evidence relative thereto, but this section shall be read and construed as separate and distinct from the provisions of those Acts. .

(9)

Part XIIIC

added.

36. The principal Act is amended by inserting

after Part XIIIA a new Part, to stand as Part XIIIC

of the principal Act, as follows

PART XIIIC.-ANAESTHETIC MORTALITY COMMITTEE.

Interpreta-

tion.

340BA. In this Part unless the context

requires otherwise

"Committee" means the Anaesthetic Mor- tality Committee constituted under this Part;

"investigator" means the specialist anaes- thetist from time to time appointed under this Part;

"member" means a person appointed to be a member of the Committee, and includes the Chairman of the Commit- tee;

"metropolitan area" means that portion of the State within a radius of eighty kilometres from the General Post Office at Perth.

1978.]

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[No. 47.

Constitution

340BB. (1) For the purposes of this Part a body to be called the "Anaesthetic Mortality	and offices of Commit-
tee.
Committee" and having the functions pres- cribed by this Part shall be constituted as provided in this section.
(2) The Minister shall appoint five persons to be permanent members and seven persons to be provisional members of the Committee, and seven of those persons appointed, namely, the five permanent members and two of the pro- visional members selected in accordance with subsection (1) of section three hundred and forty BK of this Act, shall constitute the Committee.

Of the five persons appointed as perman- ent members of the Committee

(3)

(a)	one shall be nominated by the Faculty of Anaesthetists of the State Branch of the Royal Australian College of Surgeons, and he shall be Chairman of the Committee;
(b)	one shall be a medical practitioner nominated by the Commissioner;
(c)	one shall be a medical practitioner specialising in anaesthetics nominated by the Senate of the University of Western Australia on the advice of the Faculty of Medicine until such time as a Chair of Anaesthesia is created at that University, but thereafter shall be the person for the time being appointed as Professor of Anaesthesia at the Uni- versity or a person nominated by him;
(d)	one shall be a medical practitioner specialising in anaesthetics nominated by the State Branch of the Australian Society of Anaesthetists; and
(e)	one shall be a medical practitioner specialising in anaesthetics, nominated by the State Branch of the Australian Medical Association.

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[1978.

(4) Of the seven persons appointed as provi- sional members of the Committee

(a)	one shall be a medical practitioner specialising in obstetrics and gynaecol- ogy, nominated by the State Branch of the Australian Council of the Royal College of Obstetricians and Gynaecol- ogists;
(b)	two shall be general medical practi- tioners with at least five years exper- ience and special interest in anaes- thesia, nominated by the State Branch of the Royal Australian College of General Practitioners, of whom one shall practice within the metropolitan area and one outside that area;
(c)	one shall be a medical practitioner specialising in surgery nominated by the State Branch of the Royal Australian College of Surgeons;
(d)	one shall be a registered midwife having not less than five years exper- ience in, and currently practising, midwifery, nominated by the State Branch of the Royal Australian Nurs- ing Federation;
(e)	one shall be a dental practitioner, nominated by the State Branch of the Australian Dental Association; and
(f)	one shall be the person who is for the time being the Professor of Clinical Pharmacology of the University of Western Australia.

Appointment

of deputies.

340BC. (1) The Minister may appoint persons as deputies to act in the respective places of the Chairman and other members of the Committee when not able or available to act, and persons so appointed may while acting exercise the same powers and are entitled to the same rights and subject to the same liabilities as the members for whom they act as deputies.

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[No. 47.

(2) Where a member is required under section three hundred and forty BB of this Act to be nominated by a specified body, a person is not eligible for appointment as a deputy of that member of the Committee unless he is nominated as deputy by that body or unless he is appointed by the Minister under the provi- sions of subsection (3) of section three hundred and forty BD of this Act.

Nominations

340BD. (1) The bodies mentioned in subsec- tions (3) and (4) of section three hundred and	to be made
to Minister.
forty BB of this Act shall nominate to the Minister when he so requests, or when a vacancy occurs in accordance with section three hundred and forty BF of this Act, a member or members of the respective body to become a permanent member, or as the case may be, a provisional member of the Committee.
(2) Without affecting the generality of the power conferred by subsection (1) of this section the Minister may from time to time as occasion requires request a body referred to in subsection (3) or (4) of section three hundred and forty BB of this Act to nominate, within a specified period, for appointment as a perman- ent or provisional member of the Committee, or as a deputy member, any number of persons not exceeding three, and may appoint such one as he thinks fit.
(3) If no nomination is made within the period specified by the Minister, he may appoint such a person or persons as he thinks fit to fill the office or to be a deputy as the case may be.
Tenure of
340BE. (1) The term of tenure of office of a person appointed as a permanent or provisional member of the Committee (other than the Chairman) expires by effluxion of time on the expiration of a period of three years commenc- ing on the day specified in the notice of the	office.

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[1978.

appointment published in the Government Gazette as the commencing day of that term, and in the case of the Chairman the period shall be four years.

(2) Notwithstanding the provisions of sub- section (1) of this section, in the case of the initial appointments of provisional members of the Committee the Minister shall appoint four of the provisional members referred to in sub- section (4) of section three hundred and forty BB of this Act for a period of two years, but in all subsequent appointments the provisions of subsection (1) of this section shall apply.

When office

of member	340BF. The office of a member of the
becomes

vacant.

Committee becomes vacant if

(a) he dies;

(b)	he resigns by written resignation delivered to the Minister;
(c)	his term of tenure of office expires by effluxion of time;
(d)	through mental or physical infirmity or sickness he is, and is likely to continue to be, unable satisfactorily to carry out the duties and perform the functions of his office;
(e)	in the case of the permanent member referred to in paragraph (a) of sub- section (3) of section three hundred and forty BB of this Act, the Minister terminates the term of tenure of his office; or
(f)	he absents himself from three consecu- tive meetings of the Committee of which he is a member without leave of absence.

Vacancies in

offices Of	340BG. (1) When a vacancy occurs in the office of a member of the Committee, the Minister shall appoint a person to fill the vacancy, and where pursuant to section three
members to
be filled.

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]

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[No. 47.

hundred and forty BB of this Act a specified body or person has the right to nominate that member the Minister shall not so appoint a person unless he is nominated by the appropri- ate body or person mentioned in that section or unless subsection (3) of section three hundred and forty BD of this Act applies to the office.

(2) Where a vacancy in the office of a member occurs during his term of office, the person appointed to fill the vacancy is entitled to occupy the office only for the remainder of that term.

(3) A person is not rendered ineligible for appointment to the office of member or as a deputy because he has previously occupied office as such.

340BH. (1) Five members of the Committee or their respective deputies, of whom one shall be the Chairman or his deputy, constitute a quorum of the Committee so long as at least one permanent member other than the Chairman and one provisional member, or their respective deputies, are amongst those present.	Quorum.
(2) Anything done by the Committee is not invalid or defective on the ground that, when done, there was a vacancy in, or defect in appointment to, office on the Committee.

340B1. The Chairman and other members of 1,tieerefse

-the Committee and their respective deputies are m,,Tbr

entitled to such reimbursements of expenditure as the Minister from time to time determines, and is hereby authorised to determine.

340BT. (1) The Minister may, in order to	Appointment
of investi-

give effect to the purposes of section three	gator.
hundred and thirty-six B of this Act, appoint an investigator for such term, at such remunera- tion and subject to such conditions of service as the Minister determines, and is hereby authorised to determine.

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[1978.

(2) A person appointed to be an investigator pursuant to the provisions of subsection (1) of

this section shall be selected from medical

practitioners who specialise in anaesthetics.

(3) The Minister may at any time appoint a person having the necessary qualifications to act, and who shall act, as investigator during the absence of the investigator appointed under subsection (1) of this section, or where through any cause such investigator is unable to perform the functions of his office, or during any vacancy in that office.

Functions of

Committee.	340BK. (1) Whenever an investigator shall present to the Chairman of the Committee a report pursuant to the provisions of section three hundred and thirty-six B of this Act, the Chairman shall consider the report, and having regard to the circumstances disclosed by the report and the nature of the medical case history of the deceased shall select two of the provisional members of the Committee as he deems necessary or advisable and shall notify the Commissioner of such selection and the identity of the members so selected.
(2) Upon receipt of the notification referred to in subsection (1) of this section, the Commis-
sioner shall convene a meeting constituted from amongst the permanent members of the Com- mittee and the two provisional members so selected under that subsection, to be held within ten days of the receipt by him of the notifica- tion.
(3) The Committee shall consider the report of the investigator and for the purpose of assisting it in such consideration may co-opt such medical practitioners or nurses, or other persons with specialised knowledge, as the Committee thinks necessary.

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[No. 47.

(4) Upon its consideration of the report the Committee shall determine whether in the opinion of the Committee the death the subject of the report might have been avoided, and may add to such determination such constructive comments as the Committee deems advisable for the future assistance and guidance of medical practitioners, dental practitioners, and nurses.

(5) The determination of the Committee, including the comments referred to in sub- section (4) of this section, shall be notified in writing by the Chairman to the medical practi- tioner or dental practitioner, or to each such practitioner, attending the deceased at the time of the occurrence of the death so investigated.

(6)

As soon as practicable after the Commit- tee has made a determination, the Chairman shall forward to the Commissioner all records, reports, statements, memoranda and other documents submitted to and considered by the Committee in making that determination, and the Commissioner shall have the care and con- trol of those records, reports, statements, memoranda and other documents, and keep or cause to be kept the same in safe custody, and except as provided by this Part and with his sanction in writing, shall not permit any of those records, reports, statements, memoranda or other documents to be inspected.

(7) A summary of the cases investigated by the investigator and considered by the Commit- tee during each year shall be forwarded by the Chairman to the Commissioner.

When

340BL. (1) The Committee may publish, or cause to be published, in any reputable health	report may
be published.
journal, or may make available to the Medical School or the School of Dental Science of the University of Western Australia for use in the teaching of medical or dental students or for

No. 47.]

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[1978.

purposes of medical or dental research, any investigator's report considered by the Commit- tee and its determination relating thereto and any comments made by it, but all reasonable steps shall be taken to preclude disclosure or identification of the person or persons concern- ing whom the investigation and resultant report was made.

(2) The Committee may impart, or cause to be imparted to medical practitioners, medical students, dental practitioners, dental students, nurses, trainee nurses and others such educa- tion and instruction in anaesthetic theory and practice as it may deem necessary or advisable from time to time so to do for their assistance and guidance in avoiding and preventing anaesthetic morbidity or mortality.

Information

for research	340BM. (1) No person engaged in research relating to any matter necessitating the use of or reference to any information, record, report, statement, memorandum or particulars referred to in subsection (4) of section three hundred and thirty-six B of this Act shall in any way, directly or indirectly, disclose or divulge any information obtained by him therefrom, except as may be strictly essential in or for carrying out the research.
not to be
disclosed.
(2) No member of the Committee, or any person employed by or acting with the instruc- tions or under the authority of the Committee, except an investigator appointed under section three hundred and forty BJ of this Act in the course of his duties, shall interview or in any way communicate with any person referred to in any report of the investigator or any relative of that person, unless the consent in writing of the medical practitioner or dental practitioner, or both, attending that person at the time of the occurrence of the death being investigated is first obtained.

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[No. 47.

340BN. (1) The Committee may, with the Regulations.

(2) Without prejudice to the generality of subsection (1) of this section, regulations may be so made prescribing or relating to

(a)	the conduct of meetings and proceed- ings of the Committee;
(b)	the appointment, supervision, control, suspension and dismissal of officers for the purposes of this Part of this Act;
(c)	the duties to be performed by officers employed or engaged by the Committee and the manner of their performance.