Health Act Amendment Act (No. 2) 1948 (WA)

No. 70.] Health (No. 2). [1948.

HEALTH (No. 2).

12° and 13° GEO. VI., No. LXX.

No. 70 of 1948.

AN ACT to amend the Health Act, 1911 -1944.

[Assented to 21st January, 1949.]

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

This Act may be cited as the Health Act Amend- ment Act (No. 2), 1948, and shall be read as one with the Health Act, 1911-1948 (Act No. 34 of 1911, as reprinted pursuant to the Amendments Incorporation Act, 1938, with amendments to and including Act No. 32 of 1937, incorporated in Volume I. of the Reprinted Acts of the Parliament of Western Australia, 1939, and further amended by Acts Nos. 34 of 1942 and 21 of 1944), here- inafter referred to as the principal Act.

1.

Short title.

Citation of

the principal	2.	The principal Act_ rc amended by this Act, may be
amended by

Act as	cited as the Health Act, 1911-1948.
ibis Act.

1948.] Health (No. 2). [No. 70.

Section two of the principal Act is amended by Amendment

3.   of s. 2.

inserting before the words "Part X." the following:—

PART IX.L—TITHERCULOSIS, SS. 268A-96SG.

4.    The principal Act is amended by adding after the hgtiMso

last word in section two hundred and sixty-eight the added.

following:—

PART IAA.—TTIBERCULOSTS.

268A. In this Part, unless the context otherwise sage7A

requires— Definitions.

"approved laboratory" means a laboratory established and maintained with the approval of the Governor pursuant to the provisions of this Part;

"approved medical officer" means a medical officer, approved in writing by the Commis- sioner or a person delegated by the Com- missioner to approve on his behalf ;

• `communicable tuberculosis" means all forms of pulmonary tuberculosis in which the mycobacterium tuberculosis (tubercle bacil- lus) has been found in the sputum as the result of tests made in an approved labora- tory;

"declared patient" means a person who is adjudged as such and is the subject of an order made by a magistrate pursuant to the provisions of this Part relating to entry and remaining in an institution;

"institution" means a hospital or sanatorium established and maintained pursuant to the provisions of this Part;

"magistrate" means a stipendiary, police or resident magistrate;

"tuberculosis" means all forms of tuberculosis;

"voluntary patient" means a person who is a patient in an institution otherwise than as a declared patient.

No. 70.] Health (No. 2). [1948.

S. 268B

added.	268B. (1) For the purpose of ascertaining the
Establish-

ment and	incidence of tuberculosis in the State and to prevent,
maintenance
of Tuber-	treat and otherwise control it, the Governor may
culosis

Control	(a) establish and maintain-
Branch,

hospitals,	(i)	a Tuberculosis Control Branch of
sanatoria

and clinics.

the Public Health Department;

(ii) hospitals and sanatoria for the

treatment and care of cases of

tuberculosis ;

(b) hire, lease or purchase-

(i) buildings and premises for the establishment and maintenance of clinics for the diagnosis, treatment and after-care of cases of tuberculosis ;

(ii)

such equipment as is deemed

expedient for the efficient and

adequate operation of the clinics ;

(c) engage and discharge such medical, nursing,

technical and other staff as is expedient

to conduct those clinics;

(d) maintain the buildings and equipment;

(e) approve of the establishment and mainten-

ance of laboratories.

(2) From and after the coming into operation of this section the "Wooroloo Sanatorium", a hospital established and maintained at Wooroloo for tuber- culosis patients under the provisions of the Hospi- tals Act, 1927, shall, as from the commencement of this section, be regarded as established and main- tained by the Governor pursuant to the provisions of this section.

S. 2660	268C. A medical practitioner attending any
by medical

added.

Notification	person shall on the day on which he becomes aware
practitioner
obligatory.	that there is reasonable evidence that the person is suffering from tuberculosis, notify the Commissioner and the local authority for the district in which the person resides on the form prescribed.
For the purpose of this section the expression "reasonable evidence" means radiological and bac- teriological evidence or either and, in addition to both or either, clinical history and findings.

1948.] Health (No. 2). [No. 70.

S. 268D

268D. When an approved medical officer appoint- added. X-ray exami-

ed for a district suspects that any person resident	nation for
in the district is suffering from tuberculosis, he may	tuberculosis.
require the person to submit to such X-ray examina- tion for tuberculosis as the Commissioner shall direct.

(1) (a) When, in the opinion of the Com- missioner or an approved medical officer-	added.
G 268E
Proceedings
on complaint.

268E.

(i)    a person is suffering from communicable tuberculosis and does not conduct himself so as to preclude infection by him of other persons, whether members of his family or not with tuberculosis; or

(ii)    a person is suffering from communicable tuberculosis and, having regard to his condition, consumes to excess, intoxicat- ing liquor or intoxicating or narcotic drugs and does not conduct himself so as to preclude infection by him of other per- sons, whether members of his family or not with tuberculosis;

and in either case is not a voluntary patient he shall be directed in writing by the Commissioner or the approved medical officer to enter an institution as a patient for treatment.

(b) When a voluntary patient to whom the pro- visions of either subparagraph (i) or (ii) of the last preceding paragraph apply-

(i)    conducts himself in such a manner as is detrimental to the condition of other patients in the institution; or

(ii)

prepares or attempts to leave the institution the medical superintendent may, by virtue of this enactment, restrain him in the institution pending the completion of the proceedings hereinafter referred to.

Grounds of

(2) When complaint.

(a) a person referred to in subparagraph (1) or (ii) of paragraph (a) of the last preced- ing subsection does not enter an institu- firm as directed; or

No. 70.] Health (No. 2). [1948.

(b) the provisions of subparagraph (i) or (ii) of paragraph (b) of the last preceding subsection apply to any person-

a complaint as to the circumstances applicable to that person may, with the approval of the Commis- sioner or an approved medical officer, be made against the person.

Complaint to

be heard and	(3) A complaint so made shall be heard and
determined by

a magistrate.	determined by a magistrate.
Cf. Act No. 11

of 1902 with	(4)	Subject to the provisions of this section, the
amendments

to and	provisions of the JusticesAct, 1902-1942, relating to
including
Act No. 14	making of a complaint and proceedings in a ease of
of 1942.
a simple offence shall apply to the making of and the hearing and determination of the complaint under this section:
may direct
Magistrate	Provided that the magistrate may exclude all or any persons from the hearing and the publication of all or ally part of the proceedings, when in his opinion, having regard to the purpose of this Part, the particular circumstances of any case justify that course.
hearing in
camera.

Order as to (5)

When the subject matter of the complaint is established to his satisfaction, the magistrate shall adjudge the person a declared patient and order that he enter an institution forthwith or at such time as shall be specified in the order and remain in an institution for such period not exceeding twelve months, as, having regard to the purposes of this Act, he shall consider fit, and shall specify in the order.

entering and

remaining in

institution.

Certificates to	(6)	In any proceedings on a complaint made under
evidence in

be prima facie

certain cases.

the provisions of this section the production of a

certificate signed or purporting to have been signed

(a) by the Commissioner or an approved medical officer certifying-

(i)    that he is of opinion that circum- stances referred to in subpara- graph (i) or (ii) of paragraph (a) of subsection (1) of this section apply to a person;

(ii)    that he has directed a person to enter an institution for treat- ment ;

1948.] Health (No. 2). [No. 70.

(iii)    that the person has not complied

with the direction;

(iv)

that he approves of the making of

a complaint against the person;

(b) signed or purporting to have been signed

by the director of a laboratory established

and maintained with the approval of the

Governor pursuant to the provisions of

this Part certifying-

(i)    that he is the director of such a

laboratory;

(ii) that mycobacterium tuberculosis (tubercle bacillus) has been found in the sputum of a person as the result of tests made in the laboratory

shall be prima facie evidence of the

matters so certified and of the status of the person signing or purporting to have signed the certificate without further proof of his appointment or signature.

(7) If contrary to the terms of an order made by a magistrate pursuant to the provisions of this section

a declared patient does not enter an institution

or

having entered an institution does not remain

therein while the order is operative

(a) he commits an offence against this Act ; and

(b) without prejudice to any liability to punishment in respect of the	form 01 in
Cf. s. 159 and
the Fourth
Schedule

offence, the magistrate who made	off Act No. 11
of 1902 with
the order or some other magistrate	amendments
to and
or justice of the peace may issue	including Act
No. 14 of
a warrant directed to all officers	1942.
and constables of the Police Force of the State to apprehend the declared patient and convey him to an institution and to deliver him with the warrant to the medical superintendent of the institution

No. 70.] Health (No. 2). [1948.

and directing the medical superin- tendent to receive him into his cus- tody at the institution and there to keep him during the operation of the order and effect shall be given to the warrant.

Application

rot extenston

of term of	(8) (a) While any order made by a magistrate pursuant to the provisions of this Part, that a declared patient shall remain in an institution for any period is operative, an application may be made in manner prescribed by the Commissioner or by any person with the approval of the Commissioner to a magistrate for an extension of that period.
order.

The provisions of this section relating to the hearing and determination of a complaint and any order made thereon shall, with appropriate adapta- tions, apply in respect of the hearing and determina- tion of an application made pursuant to the provi- sions of this subsection and enforcement of any order made thereon.

(b)

The magistrate may dismiss the application, or if, having regard to the purposes of this Part, the magistrate decides it is necessary, he may order the period to be extended for such further term as he shall think fit and adjudge that the declared patient shall continue to be such during the further term.

(c)

The provisions of this subsection shall apply

and may be exercised in respect of that or any

further term, from time to time.

(d)

S. 268E'

added. 268F. If, having regard to the objects of this Part, the Commissioner is of opinion that it is desir- able, he may order that

(a) a declared patient be transferred from one

institution to another ;

(b) the duration of any order made by a magistrate pursuant to the provisions of this Part that a declared patient shall remain in an institution, shall be termi- nated and that the patient shall be dis- charged from the operation of the order

and effect shall be given to the Commissioner's order

accordingly.

1948.] health (No. 2). [No. 70.

2680. The Governor may make ally regulations, not inconsistent with the provisions of this Part,	added.
S. 2680
Regulations.
which may be necessary or convenient for carrying this Part into operation or for facilitating the operation of this Part and, without in any way limiting or restricting the generality of the foregoing provisions of this section may make regulations for

(a) the administration of institutions and riministra-

clinics established and maintained under the provisions of this Part or already established prior to the coming into operation of this Part and maintained under those provisions ;

(b) the discipline and good conduct and the Discipline.

maintenance of discipline and good con- duct of patients, members of the staff, visitors and all persons in all such institu- tions and clinics ;

(c) the prohibition of the possession and use Prohibition of use

of any intoxicating liquor and intoxicat- ° ?

and narcotics.

ing and narcotic drug by any patient, in

any such institution or clinic;

(d) prohibiting any visitor from bringing into Pfrohibit,ion

any such institution or clinic, any intoxi- ?ioTtre-

eating liquor or intoxicating or narcotic laIrlitrnTractttles	nso
drug;	institutions.

(e) enabling the medical superintendent of any sexr :As:e

such institution or clinic or any person of intoxicants authorised in writing by the medical mad narcotics. superintendent, either generally or in any

specific case to search the persons and possessions of any patient or visitor to a patient therein and to seize and send to the Treasurer any intoxicating liquor intoxicating drug and narcotic drug found as a result of the search;

(f) enabling the Treasurer tu . 'destroy, sell or i Disposal tsoVi se aa In ?i s

otherwise dispose of any intoxicating	b seized.	narcotics
liquor or intoxicating narcotic, drug seized under the provisions of any such regulation as in the circumstances he deems fit.

No. 70.] Health (No. 2). [1948.

Protection

of patients. (g) enabling the medical superintendent of ally institution or clinic or any person author-

ised in writing by the medical superinten-

dent either generally or ill any specific case to control any declared patent whose control is detrimental to his own condition or that of any other of the patients therein by such means including personal restraint and detention as is

most conducive to the welfare of the

declared patient concerned and any of the other patients but so that no greater force is used than is reasonably necessary in the circumstances;

(h) enabling the treatment in a suitable hos- pital within any prison of a declared patient who cannot be restrained con- veniently in an institution or a patient who is serving a sentence of imprison- ment;

Penalties (i) prescribing' a penalty not exceeding twenty pounds for acting in contravention of or failing to comply with any of the provi- sions of any regulation made under the

provisions of this section:

Provided that a penalty not exceeding fifty pounds or six months' imprisonment, or both, may be prescribed for acting in contravention of or failing to comply with any of the provisions of any regulation made under the provisions of paragraph

(d) of this section.