Health (Notification of Lead Poisoning) Regulations 1985 (WA)
Western Australia
Health (Miscellaneous Provisions) Act 1911
Western Australia
Western Australia
Health (Miscellaneous Provisions) Act 1911Health (Miscellaneous Provisions) Act 1911
These regulations may be cited as the
These regulations shall come into operation on the day of publication of the
In these regulations —
(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.
Lead poisoning is prescribed as a condition of health to which Part IXA applies.
(1) In this regulation —
(a) the required details; and
(b) any other information specified by the Chief Health Officer on a website maintained by the Department as information that is to be provided to the Chief Health Officer 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 Chief Health Officer 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 $1 000, 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 Chief Health Officer has been notified by another person of the required information in relation to the lead poisoning.
(1) In this regulation —
(a) the required details; and
(b) any other information specified by the Chief Health Officer on a website maintained by the Department as information that is to be provided to the Chief Health Officer 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 Chief Health Officer 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 $1 000, 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.
(1) The Chief Health Officer must keep a register to be known as the Western Australian Lead Poisoning Register.
(2) The register must contain all information notified to the Chief Health Officer under regulations 5 and 6.
(3) The register may contain —
(a) information given to the Chief Health Officer by a corresponding officer; and
(b) any other information the Chief Health Officer 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 Chief Health Officer.
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 $1 000, 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.
(1) In this regulation —
(2) The Chief Health Officer 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 Chief Health Officer 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 Chief Health Officer 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 Chief Health Officer 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.
On the written request of a person, the Chief Health Officer 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.
(1) A person may request the Chief Health Officer 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 Chief Health Officer 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.
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).
24 May 1985 p. 1760 | 24 May 1985 (see r. 2 and | |
23 Dec 1988 p. 4970-5 | 23 Dec 1988 | |
15 Nov 2016 p. 5055-60 | r. 1 and 2: 15 Nov 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2016 (see r. 2(b)) | |
10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and | |
19 Sep 2017 p. 4883‑5 | 20 Sep 2017 (see r. 2(b) and | |
approved form............................................................................................................. 5(1)
Australian Institute of Health and Welfare............................................................. 9(1)
corresponding officer...................................................................................................... 3
identifying information................................................................................................... 3
lead poisoning................................................................................................................... 3
medical practitioner.................................................................................................... 5(1)
register............................................................................................................................... 3
required details................................................................................................................. 3
required information......................................................................................... 5(1), 6(1)
responsible pathologist.............................................................................................. 6(1)
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