Health (Notification of Lead Poisoning) Amendment Regulations 2016 (WA)

15 November 2016 GOVERNMENT GAZETTE, WA 5055

HEALTH

Health Act 1911

Health (Notification of Lead Poisoning)

Amendment Regulations 2016

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Health (Notification of Lead
Poisoning) Amendment Regulations 2016.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.           Regulations amended

These regulations amend the Health (Notification of Lead
Poisoning) Regulations 1985.

of the EDPH under these regulations;

4.            Part 1 heading inserted

Before regulation I insert:

Part 1 — Preliminary

5. Regulation 3 replaced
Delete regulation 3 and insert:

3.            Terms used

In these regulations —
corresponding officer means a person who, under the
law of another State or a Territory, has functions that
correspond or substantially correspond to the functions

5056 GOVERNMENT GAZETTE, WA 15 November 2016

EDPH means the Executive Director, Public Health;
identifying information means information from which
the identity of the person to whom the information
relates is apparent or can reasonably be ascertained;
lead poisoning means a concentration of lead in a
person's whole blood at or above 5 micrograms per
decilitre (tgIdL);
register means the register referred to in
regulation 7(1);
required details, in relation to notification given to the

EDPH of lead poisoning, means -

(a)	the name and contact details of the person giving the notification; and
(b)	the following information about the person who has lead poisoning, to the extent that the information is known by the person giving the notification -

(i)     the full name, sex, date of birth, residential address and occupation of the person;

(ii)     the full name and residential address of a parent or guardian of the person, if the person has not reached 18 years of age.

6.           Part 2 heading inserted After regulation 4 insert:

Part 2 - Notification of lead poisoning

7.            Regulations 5 and 6 replaced

Delete regulations 5 and 6 and insert:

5.            Notification by medical practitioner

(1) In this regulation -

approvedform means the form approved by the EDPH,
as specified on a website maintained by the
Department, in which required information is to be
provided to the EDPH;
medical practitioner means a person registered under
the Health Practitioner Regulation National Law
(Western Australia) in the medical profession;

required information means -

(a) the required details; and

15 November 2016 GOVERNMENT GAZETTE, WA 5057

(b) any other information specified by the EDPH on a website maintained by the Department as information that is to be provided to the EDPH by a medical practitioner in relation to lead

poisoning.

(2) If a medical practitioner attends a person who has lead

poisoning, the practitioner must notify the EDPH of the

required information -

(a)	within 72 hours after becoming aware of the lead poisoning; and
(b)	in the approved form.

Penalty for this subregulation: a fine of $1000, but the

minimum penalty -

(a)	for a first offence, is a fine of $100;
(b)	for a second offence, is a fine of $200;
(c)	for a subsequent offence, is a fine of $500.

(3) Subregulation (2) does not apply if the medical

practitioner knows that the EDPH has been notified by
another person of the required information in relation
to the lead poisoning.

6.            Notification by responsible pathologist

(1) In this regulation -

required information means -

(a)	the required details; and
(b)	any other information specified by the EDPH on a website maintained by the Department as information that is to be provided to the EDPH by a responsible pathologist in relation to lead poisoning.

(2) Subregulation (3) applies if—	(a)	a sample of a person's blood is analysed at a pathology laboratory; and
(b)	the analysis indicates the person has lead poisoning.

(3) The responsible pathologist must notify the EDPH in

writing of the required information within 72 hours
after becoming aware the analysis indicates the person
has lead poisoning.

Penalty for this subregulation: a fine of $1000, but the

minimum penalty -

(a)	for a first offence, is a fine of$ 100;
(b)	for a second offence, is a fine of $200;
(c)	for a subsequent offence, is a fine of $500.

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8.            Part 3 inserted

At the end of the regulations insert:

Part 3 - Western Australian Lead
Poisoning Register

7.            Western Australia Lead Poisoning Register

(1) The EDPH must keep a register to be known as the

Western Australian Lead Poisoning Register.

(2) The register must contain all information notified to the

EDPH under regulations 5 and 6.

(3) The register may contain -

(a)	information given to the EDPH by a corresponding officer; and
(b)	any other information the EDPH considers appropriate, having regard to the purposes mentioned in subregulation (4).

(4) The register must be kept for the following purposes -

(a)	to monitor the number of cases of lead poisoning in Western Australia;
(b)	to plan, monitor and evaluate services for the control of lead poisoning and the care of persons with lead poisoning in Western Australia;
(c)	to compile and publish general or statistical information relating to lead poisoning;
(d)	to carry Out research into the causes, prevention, screening and treatment of lead

poisoning.

(5) The register must be kept in the manner and form
determined by the EDPH.

8.            Offence to disclose information without authority

A person who has access to the register in the course of the person's duty must not disclose information in the register unless the disclosure -

(a)	is made with the written consent of the person to whom the information relates; or
(b)	is authorised under regulation 9; or
(c)	is authorised or required under another written law.

Penalty: a fine of $1000, but the minimum penalty -

(a) for a first offence, is a fine of$ 100;

15 November 2016 GOVERNMENT GAZETTE, WA 5059

(b)	for a second offence, is a fine of $200;
(c)	for a subsequent offence, is a fine of $500.

9.            EDPH may authorise disclosure of information

(1) In this regulation -

Australian Institute of Health and Welfare means the Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare

Act 1987 (Commonwealth) section 4.

(2) The EDPH may authorise the disclosure of information

in the register -

(a)	for the purposes of research approved in accordance with guidelines for the conduct of medical research involving humans issued in compliance with the National Health and Medical Research Council Act 1992 (Commonwealth) section 10; or
(b)	to the Australian Institute of Health and Welfare, if the EDPH is satisfied that the information is to be used solely for a purpose mentioned in regulation 7(4); or
(c)	to a corresponding officer in another State or a Territory, if the EDPH is satisfied that the usual place of residence of the person to whom the information relates is, was or will be in that State or Territory.

(3) The EDPH may authorise the disclosure of any

information in the register, other than identifying
information, for a purpose mentioned in

regulation 7(4).

(4) An authorisation under this regulation must be in

writing and may apply generally or to a specific case or

class of cases.

10.          Right to know of information in register

On the written request of a person, the EDPH must -

(a)	search the register for information about the person; and
(b)	as soon as is reasonably practicable, either -

(i)     tell the person that there is no information about the person in the register, if that is the case; or

(ii)     give the person a copy of any information about the person in the register.

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11.          Request to delete identifying information

(1)	A person may request the EDPH in writing to cause any identifying information about the person to be deleted from the register.
(2)	If a person makes a request under subregulation (1) —

(a)	the EDPH must ensure that the request is complied with as soon as is practicable; and
(b)	any information about the person that is not identifying information may be retained in the register.

12.          Persons under a legal disability

A parent or guardian of a person who is under a legal disability may on behalf of the person —

(a)	give written consent for the purposes of regulation 8(a); and
(b)	make a written request for the purposes of regulation 10 or 11(1).

N. HAGLEY, Clerk of the Executive Council.