Health Legislation Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

HEALTH LEGISLATION.

No. 28 of 1984.

AN ACT to amend certain Acts to make better provision for their administration and for related purposes.

[Assented to 31 May 1984.]

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:—

PART I.-PRELIMINARY.

1. This Act may be cited as the Health Short title.

Legislation Amendment Act 1984.

that the Health Legislation Administration Act

1984 comes into operation.

This Act shall come into operation on the day

Commence-

ment.

No. 28.]

Health Legislation.

[1984.

PART IL—ANATOMY ACT 1930-1971.

Citation.

Reprinted as	3. (1) In this Part the Anatomy Act 1930-1971
approved

19 March 1970	is referred to as the principal Act.
and amended by Act No. 7
01 1971.	(2) The principal Act as amended by this Act may be cited as the Anatomy Act 1930-1984.
Section 2

amended.

4. Section 2 of the principal Act is amended

(a) by deleting the definition "Commissioner";

(b)	by inserting before the definition "inspector" the following definition

it "Executive Director" means the Executive Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister in the administration of this Act; ".

General

amendment.

5. The principal Act is amended by deleting "Commissioner" wherever occurring in the provisions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

" Executive Director ".

SCHEDULE.

Sections 2, 3, 6, 7, 10A, 12, 14, 16, 17, 18 and 22.

PART III.—CLEAN AIR ACT 1964-1981.

Citation.

Reprinted	6. (1) In this Part the Clean Air Act 1964-1981
20 July 1983.

proved	is referred to as the principal Act.
(2) The principal Act as amended by this Act may be cited as the Clean Air Act 1964-1984.

1984.]

Health Legislation.

[No. 28.

7. Section 6 of the principal Act is amended in 2,e,=.

subsection (1)-

(a)	by inserting after the definition "department" the following definition-

" "Executive Director" means the Executive Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister in the administration of this Act; "; and

(b) by deleting the

definition "the

Commissioner".

8. Section 20 of the principal Act is amended See:1.1%11a°

in paragraph (a) of subsection (3) by deleting "Public Health Department" and substituting the following-

" department of the Public Service of the State principally assisting the Minister in the administration of this Act ".

9. The principal Act is amended by deleting =gement%

"Commissioner" wherever occurring in the provisions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

" Executive Director ".

SCHEDULE.

Sections 8, 24, 27, 28, 30, 34, 50 and 53.

PART IV.—CREMATION ACT 1929-1968.

Citation.

10. (1) In this Part the Cremation Act 1929-1968 is referred to as the principal Act.

Reprinted

8 April. 1971.

as approved

(2) The principal Act as amended by this Act may be cited as the Cremation Act 1929-1984.

No. 28.]

Health Legislation.

[1984.

Section 2

amended.

11. Section 2 of the principal Act is amended

(a)	by deleting the definition "Commissioner"; and
(b)	by inserting after the definition "crematorium" the following definition

C I

"Executive Director" means the Executive Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister in the administration of this Act; ".

Section 16

amended.

12. Section 16 of the principal Act is amended by deleting "Commissioner's" and substituting the following-

" Executive Director's ".

General

amendments.

13. The principal Act is amended by deleting "Commissioner" wherever occurring in the provisions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

" Executive Director ".

SCHEDULE.

Sections 4, 8, 8A, 16 and 17.

PART V.—DENTAL ACT 1939-1981.

Citation.

Reprinted

14. (1) In this Part the Dental Act 1939-1981

11 January

as approved is referred to as the principal Act.

1979 and

amended by

Acts Nos. 19

of 1979.

(2) The principal Act as amended by this Act

94 of 1980

and 63 of

may be cited as the Dental Act 1939-1984.

1984.]

Health Legislation.

[No. 28.

Section 4

15.

Section 4 of the principal Act is amended by

amended.

deleting the definition "Principal Dental Officer".

Section 50A

16.

Section 50A of the principal Act is amended in subsection (1) by deleting "known as the Department of Public Health" and substituting the following-

amended.

" principally assisting the Minister in the

administration of this Act ".

17. Section 50B of the principal Act is amended iteaffer.B

in subsection (4) by deleting "known as the Department of Public Health" and substituting the following-

" principally assisting the Minister in the

administration of this Act ".

PART 171.-ELECTORAL ACT 1907-1982.

18. is referred to as the principal Act.	(1) In this Act the Electoral Act 1907-1982	Citation.
Reprinted as
approved
8 December
1981 and amended by Acts Nos. 3 1

(2) The principal Act as amended by this Act and123 of

1982.

may be cited as the Electoral Act 1907-1984.

subsection (1) by deleting "Director of Mental amended.

19. Section 57 of the principal Act is amended in Section

Health Services" and substituting the following- " Director, Psychiatric Services of the department principally assisting the Minister charged with the administration of the Mental Health Act 1962 ".

No. 28.]

Health Legislation.

[1984.

PART VII-FLUORIDATION OF PUBLIC WATER

SUPPLIES ACT 1966-1981.

Citation.

Act No. 47 of	20. (1) In this Part the Fluoridation of Public (2) The principal Act as amended by this Act may be cited as the Fluoridation of Public Water Supplies Act 1966-1984.
1966 as
amended by	Water Supplies Act 1966-1981 is referred to as the
Act No. 83
of 1981.	principal Act.
Section 2
amended.	21. Section 2 of the principal Act is amended by inserting after the definition "Committee" the following definition

e t

Section 5

amended.

22. Section 5 of the principal Act is amended

(a)	in subsection (2), by deleting "Permanent Head of the Public Health Department of the Public Service of the State" and substituting the following-

" Executive Director ";

(b)	in subsection (4), by deleting "the person appointed deputy of the Commissioner under the Health Act, 1911," and substituting the following-

" a person designated by the Executive Director ".

1984.]

Health Legislation.

[No. 28.

PART VIII.-HEALTH ACT 1911-1983.

Citation.

(1) In this Part the Health Act 1911-1983 is referred to as the principal Act.	Reprinted as approved
14 May 1981 and amended by Acts Nos. 63
(2) The principal Act as amended by this Act may be cited as the Health Act 1911-1984.	30 and 116
of 1981 and
of 1982.
Section 3

23.

24.

Section 3 of the principal Act is amended in

amended.

subsection (1)-

(a)	by deleting the definition "Commissioner" and substituting the following definition

ti "Commissioner" means the person holding or acting in the office of Commissioner of Health in the Department; ";

(b)	by inserting after the definition "Dairy produce" the following definition

e< "Department" means the department

of the Public Service of the State principally assisting the Minister in the administration of this Act; ";

(c)	by inserting after the definition "Drug" the following definitions

le "Executive Director, Personal Health"

means the person holding or acting in the office of Executive Director, Personal Health Services in the Department;

"Executive Director, Public Health" means the person holding or acting in the office of Executive Director, Public Health and Scientific Support Services in the Depart- ment; ";

No. 28.]

Health Legislation.

[1984.

(d)	by deleting the definition "Public Health Official" and substituting the following definition

"Public Health Official" means a person appointed or designated as a medical officer of health, health surveyor, inspector or public health official under section 6 or 7, as the case requires, of the Health Legislation Administration Act 1984; ".

Section 8

amended.

25. Section 8 of the principal Act is amended

(a)	in subsection (1), by deleting "under the name of the "Minister of Public Health" with" and substituting the following

II and shall be known by such designation

as is conferred on him by the Governor under the Constitution Acts Amend- ment Act 1899 or the Alteration of Statutory Designations Act 1974, whichever applies, and shall have "; and

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

II (3) An alteration of the designation

of the Minister is hereby declared not to affect and never to have affected the corporate identity of the Minister and by force of this section the corporate identity of the Minister is continued under such designation as applies to to him from time to time. ".

Sections 9,

10 and 11

26. Sections 9, 10 and 11 of the principal Act are

repealed.

repealed.

1984.]

Health Legislation.

[No. 28.

27.

by inserting after "Commissioner" wherever occur-

ring the following

Section 39 of the principal Act is amended gfgodz0.9

C , Executive Director, Personal Health,

Executive Director, Public Health ".

28. by repealing subsection (7).

Section 216 of the principal Act is amended amend 116

29. Section 247G of the principal Act is amended amended.7a

in subsection (1) by deleting "of Public Health"

wherever occurring.

30.

in subsection (1) by deleting "Public Health" in

paragraph (a) (i).

Section 291 of the principal Act is amended amended."

31. by deleting "Public Health" in paragraph (b).	Section 340AB is amended in subsection (3) Attie	amended.
Section 342

32. Section 342 of the principal Act is amended

in subsection (1) by inserting in each case after

"Commissioner" wherever occurring-

amended.

" or the Executive Director, Public Health ".

Section 344

33.

in subsection (1) by inserting after "Commis-

sioner" in paragraph (3) the following-

Section 344 of the principal Act is amended

amended.

, the Executive Director, Public Health ".

34.

subsection (1) by inserting after "Commissioner"

the following-

Section 349 of the principal Act is amended in

amended.

Section 349

" , the Executive Director, Personal Health, the

Executive Director, Public Health, ".

No. 28.]

Health Legislation.

[1984.

Section 351

amended.

35. Section 351 of the principal Act is amended

(a)	in subsection (1), by inserting after "Commissioner" the following-

, the Executive Director, Personal

Health, the Executive Director, Public

Health ";

(b)	in subsection (2), by inserting after "Commissioner," the following-

" the Executive Director, Personal Health, the Executive Director, Public Health ";

(c)	in subsection (5), by inserting after "Commissioner" the following-

, the Executive Director, Personal Health, the Executive Director, Public Health ".

Section 954

amended.

36. Section 354 of the principal Act is amended

in subsection (8) by deleting "the secretary to".

Section 357

amended.

37. Section 357 of the principal Act is amended by deleting "or the local authority" and substituting the following-

, the Executive Director, Personal Health, the Excutive Director, Public Health or the local authority, as the case requires, ".

Section 362

amended.

38. Section 362 of the principal Act is amended in subsection (2) by inserting after "Commissioner" the following-

et , Executive Director, Personal Health,

Executive Director, Public Health, ".

1984.]

Health Legislation.

[No. 28.

Section 385

39. Section 365 of the principal Act is amended in subsection (1)-

amended.

(a)	by inserting after "Commissioner" where first occurring the following-

" the Executive Director, Personal Health, the Executive Director, Public Health "; and

(b)	by inserting after "Commissioner" where occurring in line 5 and line 9 the following-

, the Executive Director, Personal

Health, the Executive Director, Public

Health ".

40. Section 366 of the principal Act is amended— Seen!?

(a)	by inserting in each case after "Commis- sioner" wherever occurring the following

c c

, Executive Director, Personal Health, Executive Director, Public Health, "; and

(b)	in subsection (1), by deleting "of public health".

41. Section 369 of the principal Act is amended

Section 389

amended.

in subsection (1) by inserting after "Commissioner"

in paragraph (c) the following-

" , the Executive Director, Public Health ".

in paragraph (2) by deleting "the secretary to". amended.

42. Section 372 of the principal Act is amended Section 372

No. 28.]

Health Legislation.

[1984.

Section 376

amended.

43. Section 376 of the principal Act is amended

(a)	by inserting after "Commissioner" the following

, the Executive Officer, Personal Health

or the Executive Officer, Public

Health "; and

(b)	by deleting "the secretary to the Commis- sioner" and substituting the following

t 1

an officer of the Department authorized for that purpose by the Commis- sioner ".

Section 377

amended.

44. Section 377 of the principal Act is amended

(a)	in paragraph (1) by deleting "and the secretary to the Commissioner" and sub- stituting the following

, the Executive Director, Personal Health, the Executive Director, Public Health, an officer of the Department authorized for that purpose by the Commissioner "; and

(b)	in paragraph (2) by inserting after "Commissioner" the following

'C , the Executive Director, Personal

Health, the Executive Director, Public

Health ".

General

amendments.

45. The principal Act is amended

(a)	by deleting "Commissioner" wherever occurring in a provision of the principal Act referred to in Part 1 of the Schedule to this section and substituting in each case the following-

" Executive Director, Public Health ",

and

1984.

]

Health Legislation.

[No. 28.

(b)	by deleting "Commissioner" wherever occurring in a provision of the principal Act referred to in Part 2 of the Schedule to this section and substituting in each case the following-

" Executive Director, Personal Health ".

SCHEDULE.

Part 1.

Sections 12, 13, 14, 15, 16, 17, 21, 22, 23, 27, 28, 29, 30, 31, 32, 34, 35, 37, 38, 49, 55, 57, 59, 70, 87, 90, 96, 97, 106, 107, 112, 115, 116, 118, 119, 120, 121, 122, 123, 131, 134, 135, 158, 167, 171, 172, 174, 174A, 175, 176, 177, 179, 180, 184, 187, 190, 192, 194, 196, 199, 201, 205, 205A, 206, 210, 214, 216, 217, 225, 226, 227, 228, 230, 235, 235A, 240, 240B, 241C, 241F, 241G, 24111, 247D, 249, 250, 251, 252, 253, 254, 255, 256, 258, 259, 261, 272, 273, 276, 277, 278, 280, 282, 284, 286, 287, 288, 289C, 290, 292, 293, 293A, 294, 295, 297, 299, 300, 300A, 301, 302, 304, 305, 307, 308, 309, 311, 313, 314, 335, 336, 336A, 336B, 338B, 338C, 340K, 340AK, 340BK, 345 and 367.

Part 2.

Sections 337, 338, 340.

PART IX-HOSPITAL FUND ACT 1930-1937.

46. (1) In this Part the Hospital Fund Act 1930-	Citation.
Publis

1937 is referred to as the principal Act.

Sessional

in the hed

Volume 1930

and

(2) The principal Act as amended by this Act amended 149

Acts Nos. 55

may be cited as the Hospital Fund Act 1930-1984. of 1931 and	47 of 1937.
Section 2

47. Section 2 of the principal Act is amended

amended.

by deleting the definition of "Department" and sub-

stituting the following definition-

"Department" means the department of the Public Service of the State principally assisting the Minister in the administra- tion of the Hospitals Act 1927. ".

No. 281

Health Legislation.

[1984.

PART X.-HOSPITALS ACT 1927-1983.

Citation.

Reprinted as	48. (1) In this Part the Hospitals Act 1927-1983
approved

11 December	is referred to as the principal Act.
1972 and
amended by
Acts Nos. 10

of 1973, 104	(2) The principal Act as amended by this Act may
of 1975,

71 of 1976,	be cited as the Hospitals Act 1927-1984.
64 of 1980, 43 and 63 of 1981,
84 of 1982 and 85 of 1983.
Section 2

amended.

49. Section 2 of the principal Act is amended

(a)	by deleting the definition of "Department" and substituting the following definition

"Department" means the department of the Public Service of the State principally assisting the Minister in the administration of this Act; "; and

(b)	by inserting before the definition of "hospital" the following definition-

" "Executive Director" means the Executive Director, Personal Health Services of the Depart- ment; ".

Section 3

amended.

50. Section 3 of the principal Act is amended in subsection (2) by deleting "Principal Medical Officer" and substituting the following-

" Executive Director ".

Section 6

repealed.	51. Section 6 of the principal Act is repealed.
Section 10
amended.	52. Section 10 of the principal Act is amended

(a)	by deleting "officer appointed under this Act" and substituting the following-

" person authorized by the Executive Director for that purpose "; and

19841

Health Legislation.

[No. 28.

(b)	in paragraph (c), by deleting "officer" and substituting the following-

" person ".

53. Section 11 of the principal Act is amended— 2:glicalci!-

(a)	by deleting "officer" in paragraph (a) and substituting the following-

" person authorized under section 10 of this Act ";

and

(b)	by deleting "officer" in paragraph (b) and substituting the following-

" person authorized under section 10 of this Act ".

54. Section 12A of the principal Act is amended 23Ziaciael2A

in subsection (1) by deleting "in the employment of the Department" and substituting the following-

" engaged for the purposes of this Act ".

55. Section 13 of the principal Act is repealed.=d1.3

56. Section 37 of the principal Act is amended g:acztr

in subsection (2) by deleting "Principal Medical Officer" in paragraph (a) and substituting the following-

" Executive Director ".

PART XI.--HUMAN TISSUE AND TRANSPLANT

ACT 1982.

57. (1) In this Part the Human Tissue and attaig.n3.16

Transplant Act 1982 is referred to as the principal o"982'

Act.

No. 28.]

Health Legislation.

[1984.

(2) The principal Act as amended by this Act may be cited as the Human Tissue and Transplant Act 1982-1984.

Section 3

amended.

58. Section 3 of the principal Act is amended

(a) in subsection (1)-

(i) by

deleting

the

definition

"Commissioner";

(ii) by inserting after the definition "Division" the following definition

(b)	in subsection (2), by deleting "Public Health Department" and substituting the following-

" department principally assisting the Minister in the administration of this Act ".

General

amendments.

59. The principal Act is amended by deleting "Commissioner" wherever occurring in the provisions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

" Executive Director ".

SCHEDULE.

Sections 3, 4, 5 and 24.

1984.]

Health Legislation.

[No. 28.

PART MI.-MEDICAL ACT 1894-1981.

60. (1) In this Part the Medical Act 1894-1981 R	C letpastiint
approved 23

is referred to as the principal Act.	January 1969
and
amended by

(2) The principal Act as amended by this Act nr.15

may be cited as the Medical Act 1894-1984.	70 of 1976,
56 of 1979 and
28 of 1981,
Section 13
61. Section 13 of the principal Act is amended in subsection (10) in the definition of "the Director" by deleting "Director of Mental Health Services under the Mental Health Act, 1962" and substituting the following	amended.

el Director, Psychiatric Services of the Depart-

ment of the Public Service of the State principally assisting the Minister in the administration of the Mental Health Act 1962 ".

PART MIL-MENTAL HEALTH ACT 1962-1979.

Citation.

62. 1979 is referred to as the principal Act.

(1) In this Part the Mental Health Act 1962-

Reprinted as

approved 24

and	August 1979

amended by

Act. No. 67

(2) The principal Act as amended by this Act may be cited as the Mental Health Act 1962-1984.

of 1979.

63. Section 5 of the principal Act is amended— amended,

(a)	by deleting the definitions of "Department" and "Director" and substituting the follow- ing definitions-

" "Department" means the department of the Public Service of the State principally assisting the Minister in the administration of this Act;

"Director" means the Director, Psychiatric Services of the Department;

No. 28.]

Health Legislation.

[1984.

"Executive Director, Personal Health", means the Executive Director, Personal Health Services of the Department; ";

(b) by repealing the definition of "Minister".

Section 7

repealed.	64.	Section 7 of the principal Act is repealed.
Section 8
amended.	65.	Section 8 of the principal Act is amended

(a)	by repealing subsections (1) and (2) and substituting the following subsections

(1) The Director is subject to the control of the Minister, the Perma- nent Head and the Executive Director, Personal Health Services of the Department.

(2) The Director is responsible for the medical care and welfare of every person treated by officers or employees of the Department under this Act and for the proper operation of every approved hospital and every service established under section 19. ";

(b)	by deleting "Minister" wherever occurring in subsection (3) and substituting the following

" Permanent Head "; and

Section 10

repealed.	66.	Section 10 of the principal Act is repealed.
Section 88
amended.	67.

Section 88 of the principal Act is amended

in subsection (3) by inserting after "Department"

in paragraph (c) the following-

" for the purposes of this Act ".

1984.]

Health Legislation.

[No. 28.

68. The principal Act is amended by inserting nuts.

after "Department" wherever occurring in the provi- sions of the principal Act referred to in the Schedule to this section the following-

" engaged in the administration of this Act ".

SCHEDULE.

Sections 31 (1), 43 (1), 45 (1), 61 (1) and 88 (2) (a).

PART XIV.—MINES REGULATION ACT 1946-1974.

Citation.

69. 1946-1974 is referred to as the principal Act.	(1) In this Part the Mines Regulation Act	Reprinted as approved 15
October 1979.

(2) The principal Act as amended by this Act may be cited as the Mines Regulation Act 1946-1984.

70. Section 23C of the principal Act is amended =a°

by deleting "Commissioner of Public Health" wherever occurring and substituting in each case the following-

Executive Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister charged with the administration of the Health Act 1911 ".

Section 23D

71. Section 23D of the principal Act is amended in subsection (1) by deleting "Department of Public Health" in paragraph (g) and substituting the following-

amended.

C t

the department of the Public Service of the State principally assisting the Minister charged with the administration of the Health Act ".

No. 28.]

Health Legislation.

[1984.

PART XV.-NOISE ABATEMENT ACT 1972-1981.

Citation.

Reprinted as	72. (1) In this Part the Noise Abatement Act
approved 21

January 1982.	1972-1981 is referred to as the principal Act.
(2) The principal Act as amended by this Act may be cited as the Noise Abatement Act 1972-1984.
Section 5

amended.

73. Section 5 of the principal Act is amended

(a) by deleting the definition "Commissioner";

(b)	by deleting the definition "Department" and substituting the following definition-

"Department" means the department of the Public Service of the State principally assisting the Minister in the administration of this Act; "; and

(c)	by inserting after the definition "district" the following-

" "Executive Director" means the Executive Director, Public Health and Scientific Support Services of the Department; ".

Section 32

amended.

74. Section 32 of the principal Act is amended by deleting "Commissioner of Public Health" and substituting the following-

" Executive Director ".

Section 47

amended.

75. Section 47 of the principal Act is amended in subsection (1) by deleting "Commissioner" and substituting the following-

" Council ".

1984.1 76. The principal Act is amended by deleting g=rg.its.

Health Legislation.

[No. 28.

"Commissioner" wherever occurring in the provisions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

" Executive Director ".

SCHEDULE

Sections 8, 10, 23, 24, 25, 33A, 33H, 38, 40 and 45.

PART XVI.—NURSES ACT 1968-1980.

77. referred to as the principal Act.

(1) In this Part the Nurses Act 1968-1980 is Citation.

Reprinted as

approved 14

September

1981.

(2) The principal Act as amended by this Act may be cited as the Nurses Act 1968-1984.

Section 6

78.

deleting the definition "Department" and substitut-

ing the following

Section 6 of the principal Act is amended by

amended.

C	"Department" means the department of the Public Service of the State principally assisting the Minister in the administra- tion of this Act; ";

Section 28

79. Section 28 of the principal Act is amended in subsection (7) by deleting "Director of Mental Health Services under the Mental Health Act 1962," and substituting the following-

amended.

" Director, Psychiatric Services of the Depart-

ment ".

PART XVIL—OCCUPATIONAL THERAPISTS

REGISTRATION ACT 1980-1981.

80. (1) In this Part the Occupational Therapists CA iettaN

Registration Act 1980-1981 is referred to as the on= by	Act No. 63
principal Act.	of 1981.

No. 28.]

Health Legislation.

[1984.

(2) The principal Act as amended by this Act may be cited as the Occupational Therapists Registra- tion Act 1980-1984.

Section 7

amended.

81. Section 7 of the principal Act is amended in subsection (1) by deleting paragraph (a) and sub- stituting the following-

" (a) one shall be the Permanent Head or a person who is nominated by the Permanent Head; ".

Schedule

amended.

82.

The Schedule to the principal Act is amended

in clause 3—

(a) by deleting "Commissioner of Public Health and Medical Services" in subclause (2) (a) (i) and substituting the following-

" Permanent Head "; and

(b) by deleting subparagraph (ii) of subclause (2) (a) and substituting the following—.

" (ii) being an officer nominated by the Permanent Head the nomination of the Permanent Head of that person is withdrawn; ".

PART XVIII.-OPTICAL DISPENSERS ACT 1966.

Citation.

Act No. 44

83.

(1) In this Part the Optical Dispensers Act

o11966.	1966 is referred to as the principal Act.
(2) The principal Act as amended by this Act may be cited as the Optical Dispensers Act 1966-1984.
Section 3
amended.	84. Section 3 of the principal Act is amended by deleting the definition "Commissioner".

1984.]

Health Legislation.

[No. 28.

85. The principal Act is amended by deleting t?n=ca

ll eats.

"Commissioner" wherever occurring in the provi- sions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

" Permanent Head ".

SCHEDULE.

Sections 5, 6, 7, 8, 10 and 11.

PART =C.—PHYSIOTHERAPISTS ACT 1950-1981.

86. 1950-1981 is referred to as the principal Act.	(1) In this Part the Physiotherapists Act Citation.	Reprinted	as approved
1 July 1976
and
amended by

(2) The principal Act as amended by this Act f)11V717°

, 799of

may be cited as the Physiotherapists Act 1950-1984. 87P:fat99a1.

87. Section 6 of the principal Act is amended 2=111.

in subsection (2) by deleting "the Permanent Head or a legally qualified medical practitioner employed within the Public Health Department of the Public Service of the State nominated by him" and substituting the following-

" a legally qualified medical practitioner employed within the department of the Public Service of the State principally assisting the Minister in the administration of this Act who is nominated by the Minister ".

PART XX.—POISONS ACT 1964-1981.

88. is referred to as the principal Act.

(1) In this Part the Poisons Act 1964-1981 Citati°n'

Reprinted as

approved 3

December

1982.

(2) The principal Act as amended by this Act may be cited as the Poisons Act 1964-1984.

No. 28.]

Health Legislation.

[1984.

Section 4

Section 4 of the principal Act is amended by inserting after "Commissioner" the following-

89.

amended.

" of Public Health appointed under the Health

Act 1911 ".

Section 5

amended.

90. Section 5 of the principal Act is amended

(a) by

deleting

the

definition

"Commissioner";

(b)	by inserting after the definition of "dentist" the following definition

Cc "department" means the department

of the Public Service of the State principally assisting the Minister in the administration of this Act; "; and

(c)	by inserting after the definition of "drug of addiction" the following definition

"Executive Director" means the Executive Director, Public Health and Scientific Support Services in the department; ".

Section 8

amended.

91. Section 8 of the principal Act is amended

(a)	in subsection (2), by deleting "Commissioner of Public Health or a medical officer of the Public Health Department of the Public Service of the State nominated for the purpose by the Commissioner" in paragraph (a) and substituting the following

Executive Director, or a medical practitioner employed in the department nominated for the purpose by the Permanent Head ";

1984.

]

Health Legislation.

[No. 28.

(b)	in subsection (3), by deleting "Department of Public Health" in paragraph (b) and substituting the following-

" department "; and

(c)	by deleting subsection (4), and substituting the following

(4) The Executive Director, or the medical practitioner nominated pursuant to subsection (2) (a) of this section if one be so nominated, shall be the Chairman of the Advisory Committee ".

General

92. The principal Act is amended by deleting "Commissioner" wherever occurring in the provisions of the principal Act referred to in the Schedule to this section and substituting in each case the following-

amendments.

" Permanent Head ".

SCHEDULE.

Sections 7, 19, 23, 24, 25, 26, 27, 28, 29, 37, 38, 39, 40, 41A, 48, 50, 59, 61, 63 and 64.

PART XXL—PRISONS ACT 1981-1982.

93. is referred to as the principal Act.	(1) In this Part the Prisons Act 1981-1982 Citation'	Act No. 115
amended by
of 1981 as
Act No. 66

(2) The principal Act as amended by this Act of 1982.

may be cited as the Prisons Act 1981-1984.

Section 40

94. Section 40 of the principal Act is amended

by deleting "Permanent Head of the Public Health

Department" and substituting the following

amended.

CI Executive Director, Public Health and

Scientific Support Services of the department principally assisting the Minister charged with the administration of the Health Act ".

No. 28.]

Health Legislation.

[1984.

PART =I. —RADIATION SAFETY ACT 1975-1981.

Citation.

Act No. 44	95.	(1) In this Part the Radiation Safety Act
of 1975 as

amended by	1975-1981 is referred to as the principal Act.
Act Nos. 20
of 1979 and
63 of 1981.	(2) The principal Act as amended by this Act may be cited as the Radiation Safety Act 1975-1984.
Section 4
amended.	96. Section 4 of the principal Act is amended by inserting after the definition "electronic product" the following definition

ti "Executive Director" means the Executive

Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister in the administration of this Act; ".

Schedule to

this Part.

97. The principal Act is amended

(a)	by deleting "Permanent Head" wherever occurring in a provision of the principal Act referred to in Part 1 of the Schedule to this section and substituting in each case the following-

" Executive Director "; and

(b)	by deleting "Commissioner of Public Health" wherever occurring in a provision of the principal Act referred to in Part 2 of the Schedule to this section and sub- stituting the following

ti Executive Director

SCHEDULE.

Part 1.

Sections 4, 7, 13, 42 (4) and 55.

Part 2.

Sections 15 and 42 (3).

1984.]

Health Legislation.

[No. 28.

PART XX111.—UNIVERSITY MEDICAL SCHOOL,

TEACHING HOSPITALS ACT 1955.

98. (1) In this Part the University Medical ?ern a

School, Teaching Hospitals Act 1955 is referred to 1955' as the principal Act.

(2) The principal Act as amended by this Act may be cited as the University Medical School, Teaching Hospitals, Act 1955-1984.

99. Section 5 of the principal Act is amended— z=cilet

(a) in subsection (2)-

(i) by deleting "under the Lunacy Act 1903; under the Mental Treatment Act 1917; under the Mental Treatment Act 1927; " and substituting the following-

" under the Mental Health Act 1962 or any Act repealed by that Act; "; and

(ii) by deleting "Inspector General of the Insane" and substituting the following

CC Director, Psychiatric Services of

the department of the Public Service of the State principally assisting the Minister charged with the administration of the Mental Health Act 1962 "; and

(b)	in subsection (3), by deleting "Commis- sioner of Public Health" and substituting the following

Executive Director, Personal Health Services in the department of the Public Service of the State principally assisting the Minister charged with the administration of the Hospitals Act 1927 ".

No. 28.]

Health Legislation.

[1984.

PART =V.-WORKERS' COMPENSATION AND

ASSISTANCE ACT 1981-1983.

Citation.

Act No. 86	100. (1) In this Part the Workers' Compensation
of 1981

amended by	and Assistance Act 1981-1983 is referred to as the
Acts Nos. 16
and 79 of	principal Act.
1983.
(2) The principal Act as amended by this Act may be cited as the Workers' Compensation and Assistance Act 1981-1984.
Section 36
amended.	101. Section 36 of the principal Act is amended by deleting paragraphs (b) and (c) and substituting the following paragraph

CC (b) a physician, specializing in

occupational diseases, and, a physician specializing in diseases of the chest, nominated from time to time by the Permanent Head of the department of the Public Service of the State principally assisting the Minister charged with the administration of the Health Act 1911. ".

Section 48

amended.

102. Section 48 of the principal Act is amended in subsections (2) and (3) by deleting "Public Health Department" wherever occurring and substituting in each case the following-

" the department of the Public Service of the State principally assisting the Minister charged with the administration of the Health Act 1911 ".

19841

Health Legislation.

[No. 28.

103. Section 95 of the principal Act is amended— amended.

(a)	in subsection (1), by deleting "Public Health Department" in paragraph (c) (v) and substituting the following

<C'

department of the Public Service of the State principally assisting the Minister charged with the administration of the Health Act 1911 "; and

(b)	in subsection (3), by deleting "Public Health Department" in paragraph (e) and substituting the following-

" department of the Public Service of the State principally assisting the Minister charged with the administration of the Health Act 1911 ".

PART XXV.-SAVINGS AND TRANSITIONAL.

104. (1) Any order, regulation, rule, by-law, t,igislittnal

agreement, determination, consent, approval, permit, licence, authorization or any other act or thing made, issued, given or done by the holder of an office referred to in an Act amended by this Act under a duty or power imposed or conferred on the holder of the office by that Act before the com- mencement day shall continue to have effect after that day as thougb_inade, issued, given or done under the amended Act as amended by this Act and shall have effect accordingly.

(2) Any legal proceedings commenced before the commencement day in the name or with the authorization or consent of an office holder referred to in an amended Act may be continued after that day as though commenced under the amended Act as amended by this Act.

No. 28.1

Health Legislation.

[1984.

(3) The Commissioner of Health referred to in section 6 (1) (a) of the Health Legislation Act 1984 shall as soon as reasonably practicable after the commencement day make the reports required to be made under

(a) section 9 (2) of the Health Act 1911;

(b) section 13 of the Hospitals Act 1927; and

section 8 (6) of the Mental Health Act 1962, as in force before the commencement day with respect to the matters referred to in those provisions and in relation to the period with respect to which a report had not been made under those provisions before the commencement day.

(c)

(4) In this section

"amended Act" means an Act amended by this

Act;

"commencement day" means the day on which this Act comes into operation.