Public Health (Consequential Provisions) Act 2016 (WA)
Western Australia
Western Australia
Western Australia
Public Health (Consequential Provisions) Act 2016The Parliament of Western Australia enacts as follows:
This is the
(1) This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) Part 2 — on a day fixed by proclamation;
(c) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
(2) Subsection (1)(c) is subject to sections 204 and 344.
This Part amends the
In the long title delete “
In section 1(1) after “
(1) In section 3(1) delete the definitions of:
(2) In section 3(1) insert in alphabetical order:
(3) In section 3(1) in the definition of
apparatus for the treatment of sewage delete “Executive Director, Public Health” and insert:
Chief Health Officer
(4) After section 3(1) insert:
(2A) A reference in a provision of this Act to an
authorised officer is a reference to a person designated as an authorised officer under thePublic Health Act 2016 section 24(1) whose designation has effect for the purposes of that provision.
In section 5(3):
(a) delete “CEO” and insert:
Chief Health Officer
(b) delete “his” and insert:
the Chief Health Officer’s
Delete section 12 and insert:
(1) The Chief Health Officer, and any authorised officer acting with the Chief Health Officer’s authority, has all the powers of an authorised officer of a local government, and may exercise those powers in any part of the State, and the Chief Health Officer has all the rights and powers that the local government would have in case its authorised officer exercised the power, or to enable its authorised officer to exercise the power.
(2) Any provision of this Act conferring any power on an authorised officer of a local government, or relating to or connected with the exercise or intended exercise, or the consequences of the exercise of any power by an authorised officer of a local government, are to be construed and have effect for the purposes of this section as if —
(a) the references in the provision to an authorised officer of the local government extended to the Chief Health Officer or any authorised officer acting with the Chief Health Officer’s authority; and
(b) all references in the provision to a local government extended to the Chief Health Officer.
(1) In this section —
(a) means a public service officer employed in the Department; and
(b) includes a public service officer appointed for the purposes of, or to assist in the administration of, an Act to which the
Health Legislation Administration Act 1984 applies under section 4 of that Act;
(2) The CEO may delegate to a departmental officer all or any of the functions that the CEO has under this Act, other than this power of delegation.
(3) The Chief Health Officer may delegate to a departmental officer all or any of the functions that the Chief Health Officer has under this Act, other than this power of delegation.
(4) A delegation made under subsection (2) or (3) may expressly authorise the delegate to further delegate the function to another person.
(5) A delegation or subdelegation made under this section must be in writing and signed by the delegator.
(6) A person performing a function that has been delegated to the person under, or as authorised under, this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the CEO or the Chief Health Officer to act through an officer or agent.
Delete sections 27 to 34.
In section 39(1) and (2) delete “Executive Director, Personal Health, Executive Director, Public Health” (each occurrence) and insert:
Chief Health Officer
Delete Part IV Division 6.
(1) In section 173 delete the definition of
relevant certifying officer .(2) In section 173:
(a) in the definition of
authorised person delete paragraph (a) and insert:
(a) an authorised officer; or
(b) in the definition of
public building delete “hospital;” and insert:
hospital.
(1) In section 179(6) delete “the relevant certifying officer to which is attached a copy of a direction given under subsection (2) or subsection (3)(c) or (d)” and insert:
the authorised person who gave a direction under subsection (2) or (3)(c) or (d), to which is attached a copy of the direction,
(2) After section 179(6) insert:
(7) Any statement made under subsection (6) before the
Public Health (Consequential Provisions) Act 2016 section 13 (section 13 ) comes into operation and that would have been sufficient evidence in accordance with subsection (6) (as that subsection existed immediately before section 13 comes into operation) continues to be sufficient evidence in accordance with subsection (6) as if it had been made by the authorised person who gave the direction to which the statement relates.
(1) Delete section 202(2)(a) and insert:
(a) one shall be the Chief Health Officer or a medical practitioner nominated by the Chief Health Officer; and
(2) In section 202(3) delete “Executive Director, Public Health, or the medical officer” and insert:
Chief Health Officer, or the medical practitioner
In section 203(1):
(a) delete “Executive Director, Public Health,” (1
st occurrence) and insert:
Chief Health Officer
(b) delete paragraph (b)(i) and insert:
(i) who is appointed as an analyst under the
Health Legislation Administration Act 1984 section 6; or
(c) in paragraph (b)(ii) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
In section 225(2):
(a) delete “A medical officer” and insert:
A medical practitioner
(b) delete “a medical officer” and insert:
an authorised officer
(1) In section 226(1):
(a) delete “Executive Director, Public Health, may, at his” and insert:
Chief Health Officer may, at the Chief Health Officer’s
(b) delete “Executive Director, Public Health,” (2
nd occurrence) and insert:
Chief Health Officer
(2) In section 226(2) and (3) delete “Executive Director, Public Health,” (each occurrence) and insert:
Chief Health Officer
Note: The heading to amended section 226 is to read:
In section 227(1):
(a) delete “A medical officer of health, environmental health” and insert:
An authorised
(b) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
In section 228(1):
(a) delete “medical officer of health, or environmental health” and insert:
authorised
(b) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
(c) delete “him” and insert:
the competent officer
Note: The heading to amended section 228 is to read:
(1) In section 234(1):
(a) delete “medical officer of health, environmental health” and insert:
authorised
(b) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
(2) In section 234(3):
(a) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
(b) delete “he” and insert:
the Chief Health Officer
In section 235(1), (2), (3), (4) and (5) delete “Executive Director, Public Health,” (each occurrence) and insert:
Chief Health Officer
Note: The heading to amended section 235 is to read:
In section 237(1) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
In section 238(4) and (6) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
In section 242(1) and (2) delete “Executive Director, Public Health,” (each occurrence) and insert:
Chief Health Officer
In section 243:
(a) delete “Executive Director, Public Health,” (1
st , 2nd , 3rd and 4th occurrences) and insert:
Chief Health Officer
(b) delete “Executive Director, Public Health —” and insert:
Chief Health Officer —
In section 244 delete “Executive Director, Public Health,” and insert:
Chief Health Officer
Note: The heading to amended section 244 is to read:
Delete section 246B(2)(a) and insert:
(a) one shall be the Chief Health Officer or a medical practitioner nominated by the Chief Health Officer; and
In section 246BA(a) delete “Executive Director, Public Health,” (each occurrence) and insert:
Chief Health Officer
In section 246C(1)(c), (d), (j), (k), (l), (m), (p) and (q) and (2) delete “Executive Director, Public Health,” (each occurrence) and insert:
Chief Health Officer
In section 246D(1):
(a) in paragraph (k) delete “environmental health officer or public health official” and insert:
authorised officer
(b) in paragraph (m) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
(c) in paragraph (o) delete “environmental health” and insert:
authorised
At the beginning of Part VIIIA insert:
In this Division —
Delete section 247A(3) to (7) and insert:
(3) The Analytical Committee is to consist of 10 members appointed by the Minister, made up as follows —
(a) 7 members, who are to be persons nominated by WALGA to represent local government districts that are in the metropolitan area;
(b) 3 members, who are to be persons nominated by WALGA to represent local government districts that are not in the metropolitan area.
(4) The Minister is to appoint one of the members of the Analytical Committee to be the Chairperson.
After section 247A insert:
(1) The members hold office for a term of 3 years.
(2) A member ceases to hold office —
(a) at the expiry of the term for which he or she is appointed, unless he or she —
(i) continues to hold office under subsection (4); or
(ii) is reappointed;
or
(b) if he or she resigns by written notice given to the Minister; or
(c) if he or she dies; or
(d) if his or her nomination as a member is withdrawn by written notice given to the Minister by WALGA; or
(e) if he or she is, according to the
Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or(f) if the member’s appointment is terminated under subsection (3).
(3) The Minister may, by written notice given to a member, terminate the appointment of the member —
(a) if, in the Minister’s opinion, the member is unable to perform the functions of office because of —
(i) illness; or
(ii) mental or physical incapacity impairing the performance of his or her duties; or
(iii) absence from the State;
or
(b) if, in the Minister’s opinion, the member misbehaves, neglects his or her duties or is incompetent; or
(c) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Analytical Committee of which the member had notice; or
(d) for any other act or omission, or any circumstance arising, that, in the Minister’s opinion, may adversely affect the functioning of the Analytical Committee.
(4) Even though the term for which a member was appointed has expired, the member continues in office until he or she is reappointed or his or her successor comes into office, unless he or she resigns or is removed from office.
(5) However, a member cannot continue in office under subsection (4) for longer than 3 months.
Delete section 247B(2) and insert:
(2) At any meeting of the Analytical Committee —
(a) 6 members constitute a quorum; and
(b) the Chairperson is to preside if he or she is present, but in his or her absence —
(i) the members present are to elect one of their number to preside at the meeting; and
(ii) that member, while presiding, has all the powers and duties of the Chairperson;
and
(c) each member present (including the member presiding) has a deliberative vote; and
(d) a question arising is to be decided by a majority of the votes of the members present, but if the votes are equal the member presiding has a casting vote.
(3A) A resolution in writing to which at least 6 members of the Analytical Committee have each indicated their agreement by signing it or assenting to it by letter, fax, email or other written means has the same effect as if it had been passed at a meeting of the Analytical Committee.
(3B) A meeting of the Analytical Committee may be held —
(a) by a quorum of the members assembled together at the time and place appointed for the meeting; or
(b) by telephone or audio visual or other electronic means, as long as —
(i) all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and
(ii) a quorum of members can simultaneously communicate with each other throughout the meeting.
35. Section 247D amended
(1) In section 247D(1) delete “the scheme for the time being operated by the Analytical Committee under this Part,” and insert:
a scheme,
(2) Delete section 247D(2) and insert:
(2) If the Chief Health Officer considers that a local government that is not a participant in a scheme ought to be a participant —
(a) the Chief Health Officer may, by written notice served on the local government, direct it to participate in the scheme; and
(b) on the service of the direction, the local government is a participant in the scheme for the purposes of this Division and, in particular, for the purposes of subsection (4).
(3) In section 247D(3) delete “the scheme” and insert:
a scheme
(4) In section 247D(4) delete “operated by the Analytical Committee under this Part”.
(1) In section 335(1) delete “her,” and insert:
the midwife,
(2) In section 335(5)(a) delete “he” and insert:
the medical practitioner
(3) In section 335(6)(c):
(a) delete “Executive Director, Public Health” and insert:
Chief Health Officer
(b) delete “he” and insert:
the Chief Health Officer
(1) Delete section 336(2) and insert:
(2) On receiving the report, the Chief Health Officer must, by notice in writing signed by the Chief Health Officer —
(a) direct the investigator appointed under Part XIIIA to inquire into the circumstances of the death; and
(b) require the investigator to present to the Chairperson of the Maternal Mortality Committee appointed under that Part, within a time specified in the notice, a full report of the investigation made by the investigator.
(2) In section 336(3) delete “Chairman” and insert:
Chairperson
(3) In section 336(4):
(a) delete “him” and insert:
the investigator
(b) delete “Chairman” (each occurrence) and insert:
Chairperson
(1) Delete section 336A(2) and insert:
(2) On receiving the report, the Chief Health Officer must, by notice in writing signed by the Chief Health Officer —
(a) direct an investigator appointed under Part XIIIB to enquire into the circumstances of that stillbirth or death; and
(b) require the investigator to present to the Chairperson of the Perinatal and Infant Mortality Committee appointed under that Part, within a time specified in the notice, a full report of the investigation made by the investigator.
(3A) Subsection (2) does not apply if the Chief Health Officer is satisfied that the cause of death arose from —
(a) a specific injury; or
(b) an illness that the Committee has directed does not require further investigation.
(2) In section 336A(3) delete “Chairman” and insert:
Chairperson
(3) In section 336A(4):
(a) delete “him” and insert:
the investigator
(b) delete “Chairman” (each occurrence) and insert:
Chairperson
(1) In section 336B(2) delete “Executive Director, Public Health that he” and insert:
Chief Health Officer that the medical practitioner
(2) Delete section 336B(3) and insert:
(3) On receiving a report made under subsection (1) or (2), the Chief Health Officer must, by notice in writing signed by the Chief Health Officer —
(a) direct an investigator appointed under Part XIIIC to enquire into the circumstances of the death; and
(b) require the investigator —
(i) if in the opinion of the investigator the death is likely to have been due to anaesthesia, to carry out the investigation and present to the Chairperson of the Anaesthetic Mortality Committee appointed under that Part, within a time specified in the notice, a full report of the investigation made by the investigator; or
(ii) if in the opinion of the investigator the death was not likely to have been due to anaesthesia, to report the investigator’s finding to the Chief Health Officer.
(3) In section 336B(5) delete “Chairman” and insert:
Chairperson
(4) In section 336B(6):
(a) delete “him” and insert:
the investigator
(b) delete “Chairman” (each occurrence) and insert:
Chairperson
Delete sections 338 to 338C.
(1) In section 340A delete the definition of
metropolitan area and insert:
(2) In section 340A in the definition of
member delete “Chairman” and insert:
Chairperson
Delete section 340B(2) to (4) and insert:
(2) The Committee is to consist of 9 members appointed by the Minister, made up as follows —
(a) one is to be the Professor of Obstetrics at the
University of Western Australia , who is to be Chairperson of the Committee;(b) one is to be a medical practitioner specialising in obstetrics, nominated by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (W.A. Branch);
(c) 5 are to be medical practitioners, of whom —
(i) 2 are to be general medical practitioners practising in the metropolitan area, nominated by the Australian Medical Association (WA) Incorporated; and
(ii) 2 are to be general medical practitioners having not less than 5 years’ practice outside the metropolitan area, nominated by the Australian Medical Association (WA) Incorporated; and
(iii) one is to be nominated by the Chief Health Officer;
(d) 2 are to be midwives, nominated by the Chief Health Officer.
43. Section 340C amended (1) In section 340C(1) delete “Chairman” and insert:
Chairperson
(2) In section 340C(2):
(a) delete “Chairman)” and insert:
Chairperson)
(b) after “he” (each occurrence) insert:
or she
(1) Delete section 340D(1) and insert:
(1) The bodies mentioned in section 340B(2)(b) and (c)(i) and (ii) must nominate to the Minister, when the Minister so requests, or when a vacancy occurs in accordance with section 340F, one or more appropriately qualified persons to become members of the Committee.
(2) In section 340D(2):
(a) delete “section 340B(3) or (4)” and insert:
section 340B(2)(b) or (c)(i) or (ii)
(b) delete “permanent or provisional”;
(c) delete “he” and insert:
the Minister
(3) In section 340D(3) delete “he” (each occurrence) and insert:
the Minister
(1) In section 340E(1):
(a) delete “permanent or provisional”;
(b) delete “Chairman)” and insert:
Chairperson)
(2) Delete section 340E(2) and (3) and insert:
(2) The term of tenure of office of the member referred to in section 340B(2)(a) continues until terminated by the Minister.
Delete section 340F and insert:
(1) The office of a member of the Committee becomes vacant if —
(a) he or she dies; or
(b) he or she resigns by written notice given to the Minister; or
(c) his or her term of office expires by effluxion of time, unless he or she —
(i) continues to hold office under subsection (3); or
(ii) is reappointed;
or
(d) the member’s appointment is terminated under subsection (2); or
(e) in the case of the member referred to in section 340B(2)(a), the Minister terminates the term of tenure of his or her office; or
(f) he or she is, according to the
Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.
(2) The Minister may, by written notice given to a member, terminate the appointment of the member —
(a) if, in the opinion of the Minister, the member is unable to perform the functions of office because of —
(i) illness; or
(ii) mental or physical incapacity impairing the performance of his or her duties; or
(iii) absence from the State;
or
(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent; or
(c) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Committee of which the member had notice.
(3) Even though the term for which a member was appointed has expired, the member continues in office until he or she is reappointed or his or her successor comes into office, unless he or she resigns or is removed from office.
(4) However, a member cannot continue in office under subsection (3) for longer than 3 months.
(1) Delete section 340G(1) and (2) and insert:
(1) When a vacancy occurs in the office of a member of the Committee, the Minister is to appoint a person to fill the vacancy.
(2) If, under section 340B(2), a specified body has the right to nominate that member, the Minister is not to appoint a person unless he or she is nominated by the appropriate body mentioned in that section, or unless section 340D(3) applies to the office.
(2) In section 340G(3) after “he” insert:
or she
Delete section 340H and insert:
(1) The Committee is to hold the meetings that are necessary for the performance of its functions.
(2) At any meeting of the Committee, 5 members of the Committee or their respective deputies, including the Chairperson or his or her deputy, constitute a quorum.
(3) A meeting of the Committee may be held —
(a) by a quorum of the members assembled together at the time and place appointed for the meeting; or
(b) by telephone or audio‑visual or other electronic means, as long as —
(i) all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and
(ii) a quorum of members can simultaneously communicate with each other throughout the meeting.
(4) Subject to this section, the Committee may regulate its own procedure in whatever manner it thinks fit.
(5) Nothing done by the Committee is invalid or defective on the ground only that, when done, there was —
(a) a vacancy in the office of any member; or
(b) a defect in the appointment of any member or any deputy of a member.
49. Section 340I amended
In section 340I delete “Chairman” and insert:
Chairperson
Delete section 340K and insert:
(1) Whenever an investigator presents to the Chairperson of the Committee a report under section 336, the Chairperson —
(a) must consider the report; and
(b) having regard to the circumstances disclosed by the report and the nature of the medical case history of the deceased woman, may notify the Chief Health Officer of the receipt of the report.
(2) On receiving a notification under subsection (1), the Chief Health Officer must convene a meeting of the Committee to be held within whatever period after the receipt by the Chief Health Officer of the notification the Chairperson of the Committee considers appropriate.
(3) The Committee must consider the report of the investigator, and for the purpose of assisting it in its consideration may co‑opt any medical practitioners, nurses, midwives or other persons with specialised knowledge the Committee thinks necessary.
(4) On its consideration of the report, the Committee must determine whether in the opinion of the Committee the death the subject of the report might have been avoided, and may add to its determination any constructive comments the Committee considers advisable for the future assistance and guidance of medical practitioners, nurses and midwives.
(5) The determination of the Committee, including the comments referred to in subsection (4) —
(a) must be notified in writing by the Chairperson to —
(i) the medical practitioner (if any) who was attending the woman at the time of the occurrence of her death; and
(ii) the nurse or midwife (if any) who was attending the woman at that time;
and
(b) may be notified in writing by the Chairperson to any other medical practitioner, nurse or midwife who attended the woman before the occurrence of her death if the Committee considers that that medical practitioner, nurse or midwife should be informed of that determination and those comments.
(1) As soon as practicable after the Committee has made a determination under section 340K, the Chairperson must forward to the Chief Health Officer all records, reports, statements, memoranda and other documents submitted to and considered by the Committee in making that determination.
(2) The Chief Health Officer is to have the care and control of those records, reports, statements, memoranda and other documents, and is to keep them, or cause them to be kept, in safe custody.
(3) Except as provided by this Part and with the Chief Health Officer’s permission in writing, the Chief Health Officer must not permit any of those records, reports, statements, memoranda or other documents to be inspected.
(4) The Chairperson must forward to the Chief Health Officer a summary of the cases investigated by the investigator and considered by the Committee during each year.
(1) The contents of a notification made under section 340K(5) are not admissible in any court or before any tribunal, board or person in any action, cause or inquiry of any kind whatever.
(2) A person who exhibits, communicates or divulges in whole or in part the contents of a notification made under section 340K(5) to any person except for the purposes of, and in accordance with, this Part commits an offence.
(1) In section 340L(1) delete “the Medical School of The University of
Western Australia for use in the teaching of medical” and insert:
any educational institution for use in the teaching of
(2) In section 340L(2) delete “medical students, nurses and trainee nurses” and insert:
nurses, midwives and students of any educational institution
(1) In section 340M(1) after “him” insert:
or her
(2) In section 340M(2):
(a) after “his” insert:
or her
(b) delete “practitioner” and insert:
practitioner, nurse or midwife
Delete section 340N.
(1) In section 340AA delete the definition of
metropolitan area and insert:
(2) In section 340AA in the definition of
member delete “Chairman” and insert:
Chairperson
Delete section 340AB(2) to (5) and insert:
(2) The Committee is to consist of 13 members appointed by the Minister.
(3) Of the persons appointed as members of the Committee —
(a) one is to be the Professor of Obstetrics at the
University of Western Australia ; and(b) one is to be a medical practitioner specialising in obstetrics, nominated by the Chief Health Officer; and
(c) 2 are to be medical practitioners nominated by the chief executive of the health service provider for King Edward Memorial Hospital under the
Health Services Act 2016 , of whom —(i) one is to be a medical practitioner specialising in neonatal paediatrics at that hospital; and
(ii) one is to be a medical practitioner specialising in obstetrics at that hospital;
and
(d) one is to be a medical practitioner specialising in neonatal paediatrics at Princess Margaret Hospital for Children, nominated by the chief executive of the health service provider for that hospital under the
Health Services Act 2016 ; and(e) one is to be a medical practitioner specialising in obstetrics and perinatal care, nominated by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (W.A. Branch); and
(f) 3 are to be general medical practitioners (one of whom practises outside the metropolitan area), of whom —
(i) one is to be nominated by the Australian Medical Association (WA) Incorporated; and
(ii) one is to be nominated by the
Royal Australian College of General Practitioners; and(iii) one is to be nominated by the Chief Health Officer;
and
(g) one is to be a medical practitioner specialising in clinical epidemiology, nominated by the Chief Health Officer; and
(h) one is to be a medical practitioner specialising in perinatal pathology, nominated by the Chief Health Officer; and
(i) one is to be a midwife in clinical practice, nominated by the Chief Health Officer; and
(j) one is to be a nurse specialising in neonatal paediatrics, nominated by the Chief Health Officer.
(4) The Chairperson of the Committee is to be appointed by the Minister from among the members of the Committee.
(1) In section 340AC(1) delete “Chairman” and insert:
Chairperson
(2) In section 340AC(2) after “he” (each occurrence) insert:
or she
(1) Delete section 340AD(1) and insert:
(1) The bodies mentioned in section 340AB(3) must nominate to the Minister, when he or she so requests, or when a vacancy occurs in accordance with section 340AF, one or more appropriately qualified persons to become members of the Committee.
(2) In section 340AD(2):
(a) delete “section 340AB(3) or (4)” and insert:
section 340AB(3)
(b) delete “permanent or provisional”;
(c) delete “he” and insert:
the Minister
(3) In section 340AD(3) delete “he” (each occurrence) and insert:
the Minister
(1) In section 340AE(1) delete “permanent or provisional”.
(2) Delete section 340AE(2) and insert:
(2) The Chairperson holds that office at the pleasure of the Minister.
Delete section 340AF and insert:
(1) The office of a member of the Committee becomes vacant if —
(a) he or she dies; or
(b) he or she resigns by written notice given to the Minister; or
(c) his or her term of office expires by effluxion of time, unless he or she —
(i) continues to hold office under subsection (3); or
(ii) is reappointed;
or
(d) the member’s appointment is terminated under subsection (2); or
(e) in the case of the Chairperson, the Minister terminates the term of tenure of his or her office; or
(f) he or she is, according to the
Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.
(2) The Minister may, by written notice given to a member, terminate the appointment of the member —
(a) if, in the opinion of the Minister, the member is unable to perform the functions of office because of —
(i) illness; or
(ii) mental or physical incapacity impairing the performance of his or her duties; or
(iii) absence from the State;
or
(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent; or
(c) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Committee of which the member had notice.
(3) Even though the term for which a member was appointed has expired, the member continues in office until he or she is reappointed or his or her successor comes into office, unless he or she resigns or is removed from office.
(4) However, a member cannot continue in office under subsection (3) for longer than 3 months.
(1) Delete section 340AG(1) and (2) and insert:
(1) When a vacancy occurs in the office of a member of the Committee, the Minister is to appoint a person to fill the vacancy.
(2) If, under section 340AB(3), a specified body has the right to nominate that member, the Minister is not to appoint a person unless he or she is nominated by the appropriate body mentioned in that section, or unless section 340AD(3) applies to the office.
(2) In section 340AG(3) after “he” insert:
or she
Delete section 340AH and insert:
(1) The Committee is to hold the meetings that are necessary for the performance of its functions.
(2) At any meeting of the Committee, 6 members of the Committee or their respective deputies, of whom one is to be the Chairperson or his or her deputy, constitute a quorum.
(3) A meeting of the Committee may be held —
(a) by a quorum of the members assembled together at the time and place appointed for the meeting; or
(b) by telephone or audio‑visual or other electronic means, as long as —
(i) all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and
(ii) a quorum of members can simultaneously communicate with each other throughout the meeting.
(4) Subject to this section, the Committee may regulate its own procedure in whatever manner it thinks fit.
(5) Nothing done by the Committee is invalid or defective on the ground only that, when done, there was —
(a) a vacancy in the office of any member; or
(b) a defect in the appointment of any member or any deputy of a member.
62. Section 340AI amended
In section 340AI delete “Chairman” and insert:
Chairperson
(1) Delete section 340AJ(2) and insert:
(2) The following provisions apply to the appointment of investigators under subsection (1) —
(a) if one investigator is appointed, he or she must be a specialist in obstetrics or neonatal paediatrics;
(b) if 2 investigators are appointed, both of them must be specialists in obstetrics or neonatal paediatrics;
(c) if 3 or 4 investigators are appointed, 2 of them must be specialists in obstetrics or neonatal paediatrics.
(2) In section 340AJ(3) after “his” insert:
or her
Delete section 340AK and insert:
(1) Whenever an investigator presents to the Chairperson of the Committee a report under section 336A, the Chairperson —
(a) must consider the report; and
(b) having regard to the circumstances disclosed by the report and the nature of the medical case history of the stillborn or deceased child, may notify the Chief Health Officer of the receipt of the report.
(2) On receiving a notification under subsection (1), the Chief Health Officer must convene a meeting of the Committee to be held within whatever period after the receipt by the Chief Health Officer of the notification the Chairperson of the Committee considers appropriate.
(3) The Committee must consider the report of the investigator, and for the purpose of assisting it in its consideration may co‑opt any medical practitioners, nurses, midwives or other persons with specialised knowledge the Committee thinks necessary.
(4) On its consideration of the report, the Committee must determine whether in the opinion of the Committee the stillbirth or death the subject of the report might have been avoided, and may add to its determination any constructive comments the Committee considers advisable for the future assistance and guidance of medical practitioners, nurses and midwives.
(5) The determination of the Committee, including the comments referred to in subsection (4) —
(a) must be notified in writing by the Chairperson to —
(i) the medical practitioner (if any) who was attending the child concerned at the time of the occurrence of the stillbirth or death investigated under section 336A; and
(ii) the nurse or midwife (if any) who was attending the child concerned at that time;
and
(b) may be notified in writing by the Chairperson to any other medical practitioner, nurse or midwife who attended the child concerned or his or her mother or both before the occurrence of the stillbirth or death if the Committee considers that that medical practitioner, nurse or midwife should be informed of that determination and those comments.
(1) As soon as practicable after the Committee has made a determination under section 340AK, the Chairperson must forward to the Chief Health Officer all records, reports, statements, memoranda and other documents submitted to and considered by the Committee in making that determination.
(2) The Chief Health Officer is to have the care and control of those records, reports, statements, memoranda and other documents, and is to keep them, or cause them to be kept, in safe custody.
(3) Except as provided by this Part and with the Chief Health Officer’s permission in writing, the Chief Health Officer must not permit any of those records, reports, statements, memoranda or other documents to be inspected.
(4) The Chairperson must forward to the Chief Health Officer a summary of the cases investigated by the investigators and considered by the Committee during each year.
(1) The contents of a notification made under section 340AK(5) are not admissible in any court or before any tribunal, board or person in any action, cause or inquiry of any kind whatever.
(2) A person who exhibits, communicates or divulges in whole or in part the contents of a notification made under section 340AK(5) to any person except for the purposes of, and in accordance with, this Part commits an offence.
(1) In section 340AL(1) delete “the Medical School of The University of Western Australia for use in the teaching of medical” and insert:
any educational institution for use in the teaching of
(2) In section 340AL(1a) delete “Executive Director, Public Health,” and insert:
Chief Health Officer
(3) In section 340AL(1b):
(a) delete “Executive Director, Public Health, may, if he” and insert:
Chief Health Officer may, if he or she
(b) after “him” insert:
or her
(c) after “his” insert:
or her
(4) In section 340AL(1c) after “him” insert:
or her
(5) In section 340AL(2) delete “medical students, nurses and trainee nurses” and insert:
nurses, midwives and students of any educational institution
(1) In section 340AM(1) after “him” insert:
or her
(2) In section 340AM(2):
(a) after “his” insert:
or her
(b) delete “practitioner” and insert:
practitioner, nurse or midwife
Delete section 340AN.
(1) In section 340BA delete the definition of
metropolitan area and insert:
(2) In section 340BA in the definition of
member delete “Chairman” and insert:
Chairperson
Delete section 340BB(2) to (4) and insert:
(2) The Committee is to consist of 12 members appointed by the Minister.
(3) Of the persons appointed as members of the Committee —
(a) one is to be nominated by the State Branch of the Australian and New Zealand College of Anaesthetists, and that person is the Chairperson of the Committee; and
(b) one is to be the Professor of Anaesthesia at the
University of Western Australia ; and(c) one is to be a medical practitioner specialising in anaesthetics, nominated by the State Branch of the Australian and New Zealand College of Anaesthetists; and
(d) one is to be a medical practitioner specialising in anaesthetics, nominated by the Australian Medical Association (WA) Incorporated; and
(e) one is to be a medical practitioner specialising in obstetrics and gynaecology, nominated by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (W.A. Branch); and
(f) 2 are to be general medical practitioners with at least 5 years’ experience and special interest in anaesthesia, nominated by the State Branch of the Royal Australian College of General Practitioners, of whom one practices within the metropolitan area and one outside that area; and
(g) one is to be a medical practitioner specialising in surgery, nominated by the State Branch of the
Royal Australasian College of Surgeons; and(h) one is to be a medical practitioner, nominated by the Chief Health Officer; and
(i) one is to be a midwife having not less than 5 years’ experience in, and currently practising, midwifery, nominated by the Chief Health Officer; and
(j) one is to be a dental practitioner, nominated by the State Branch of the Australian Dental Association; and
(k) one is to be the Professor of Clinical Pharmacology at the
University of Western Australia .
70. Section 340BC amended (1) In section 340BC(1) delete “Chairman” and insert:
Chairperson
(2) In section 340BC(2) after “he” (each occurrence) insert:
or she
(1) Delete section 340BD(1) and insert:
(1) The bodies mentioned in section 340BB(3) must nominate to the Minister, when he or she so requests, or when a vacancy occurs in accordance with section 340BF, one or more appropriately qualified persons to become members of the Committee.
(2) In section 340BD(2):
(a) delete “section 340BB(3) or (4)” and insert:
section 340BB(3)
(b) delete “permanent or provisional”;
(c) after “he” insert:
or she
(3) In section 340BD(3) after “he” (each occurrence) insert:
or she
(1) In section 340BE(1):
(a) delete “permanent or provisional”;
(b) delete “Chairman” (each occurrence) and insert:
Chairperson
(2) Delete section 340BE(2).
Delete section 340BF and insert:
(1) The office of a member of the Committee becomes vacant if —
(a) he or she dies; or
(b) he or she resigns by written notice given to the Minister; or
(c) his or her term of office expires by effluxion of time, unless he or she —
(i) continues to hold office under subsection (3); or
(ii) is reappointed;
or
(d) the member’s appointment is terminated under subsection (2); or
(e) in the case of the member referred to in section 340BB(3)(a), the Minister terminates the term of tenure of his or her office; or
(f) he or she is, according to the
Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.
(2) The Minister may, by written notice given to a member, terminate the appointment of the member —
(a) if, in the opinion of the Minister, the member is unable to perform the functions of office because of —
(i) illness; or
(ii) mental or physical incapacity impairing the performance of his or her duties; or
(iii) absence from the State;
or
(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent; or
(c) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Committee of which the member had notice.
(3) Even though the term for which a member was appointed has expired, the member continues in office until he or she is reappointed or his or her successor comes into office, unless he or she resigns or is removed from office.
(4) However, a member cannot continue in office under subsection (3) for longer than 3 months.
(1) Delete section 340BG(1) and (2) and insert:
(1) When a vacancy occurs in the office of a member of the Committee, the Minister is to appoint a person to fill the vacancy.
(2) If, under section 340BB(3), a specified body has the right to nominate that member, the Minister is not to appoint a person unless he or she is nominated by the appropriate body mentioned in that section, or unless section 340BD(3) applies to the office.
(2) In section 340BG(3) after “he” insert:
or she
Delete section 340BH and insert:
(1) The Committee is to hold the meetings that are necessary for the performance of its functions.
(2) At any meeting of the Committee, 6 members of the Committee or their respective deputies, of whom one is to be the Chairperson or his or her deputy, constitute a quorum.
(3) A meeting of the Committee may be held —
(a) by a quorum of the members assembled together at the time and place appointed for the meeting; or
(b) by telephone or audio‑visual or other electronic means, as long as —
(i) all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and
(ii) a quorum of members can simultaneously communicate with each other throughout the meeting.
(4) Subject to this section, the Committee may regulate its own procedure in whatever manner it thinks fit.
(5) Nothing done by the Committee is invalid or defective on the ground only that, when done, there was —
(a) a vacancy in the office of any member; or
(b) a defect in the appointment of any member or any deputy of a member.
76. Section 340BI amended
In section 340BI delete “Chairman” and insert:
Chairperson
In section 340BJ(3) after “his” insert:
or her
Delete section 340BK and insert:
(1) Whenever an investigator presents to the Chairperson of the Committee a report under section 336B, the Chairperson —
(a) must consider the report; and
(b) having regard to the circumstances disclosed by the report and the nature of the medical case history of the deceased, may notify the Chief Health Officer of the receipt of the report.
(2) On receiving a notification under subsection (1), the Chief Health Officer must convene a meeting of the Committee to be held within whatever period after the receipt by the Chief Health Officer of the notification the Chairperson of the Committee considers appropriate.
(3) The Committee must consider the report of the investigator, and for the purpose of assisting it in its consideration may co‑opt any medical practitioners, dental practitioners, nurses, midwives or other persons with specialised knowledge the Committee thinks necessary.
(4) On its consideration of the report, the Committee must determine whether in the opinion of the Committee the death the subject of the report might have been avoided, and may add to its determination any constructive comments the Committee considers advisable for the future assistance and guidance of medical practitioners, dental practitioners, nurses and midwives.
(5) The determination of the Committee, including the comments referred to in subsection (4) —
(a) must be notified in writing by the Chairperson to —
(i) the medical practitioner or dental practitioner, or each medical practitioner or dental practitioner, (if any) who was attending the deceased at the time of the occurrence of the death; and
(ii) the nurse or midwife (if any) who was attending the deceased at that time;
and
(b) may be notified in writing by the Chairperson to any other medical practitioner, dental practitioner, nurse or midwife who attended the deceased before the occurrence of the death if the Committee considers that that medical practitioner, dental practitioner, nurse or midwife should be informed of that determination and those comments.
(1) As soon as practicable after the Committee has made a determination under section 340BK, the Chairperson must forward to the Chief Health Officer all records, reports, statements, memoranda and other documents submitted to and considered by the Committee in making that determination.
(2) The Chief Health Officer is to have the care and control of those records, reports, statements, memoranda and other documents, and is to keep them, or cause them to be kept, in safe custody.
(3) Except as provided by this Part and with the Chief Health Officer’s permission in writing, the Chief Health Officer must not permit any of those records, reports, statements, memoranda or other documents to be inspected.
(4) The Chairperson must forward to the Chief Health Officer a summary of the cases investigated by the investigator and considered by the Committee during each year.
(1) The contents of a notification made under section 340BK(5) are not admissible in any court or before any tribunal, board or person in any action, cause or inquiry of any kind whatever.
(2) A person who exhibits, communicates or divulges in whole or in part the contents of a notification made under section 340BK(5) to any person except for the purposes of, and in accordance with, this Part commits an offence.
(1) In section 340BL(1) delete “the Medical School or the School of Dental Science of The University of Western Australia for use in the teaching of medical or dental” and insert:
any educational institution for use in the teaching of
(2) In section 340BL(2) delete “medical students, dental practitioners, dental students, nurses, trainee nurses and others” and insert:
dental practitioners, nurses, midwives and students of any educational institution
(1) In section 340BM(1) after “him” insert:
or her
(2) In section 340BM(2):
(a) after “his” insert:
or her
(b) delete “practitioner or dental practitioner, or both,” and insert:
practitioner, dental practitioner, nurse or midwife, or any of them,
Delete section 340BN.
In section 341(2):
(a) after “The CEO” insert:
or the Chief Health Officer
(b) delete “CEO.” and insert:
CEO or the Chief Health Officer.
(1) In section 342(1):
(a) in paragraph (a) delete “Executive Director, Public Health” and insert:
Chief Health Officer
(b) in paragraph (b) delete “CEO or the Executive Director, Public Health” and insert:
Chief Health Officer
(2) In section 342(2) delete “CEO or the Executive Director, Public Health.” and insert:
Chief Health Officer.
(3) In section 342(4) delete “CEO or the Executive Director, Public Health” and insert:
Chief Health Officer
In section 344(1)(b) delete “Executive Director, Public Health” and insert:
Chief Health Officer
(1) In section 344A(2) delete “The Executive Director, Public Health, the Executive Director, Personal Health, or the CEO” and insert:
The CEO or the Chief Health Officer
(2) Delete section 344A(3) and insert:
(3) If any standard, rule, code or other provision is adopted under subsection (1), the relevant local government (in the case of adoption by a local law) or the Chief Health Officer (in the case of adoption by any regulations) must ensure that a copy of the standard, rule, code or other provision (as amended, if applicable) is available for public inspection, without charge, during normal office hours at a place prescribed by regulation.
In section 344B:
(a) delete “CEO of Health” (first occurrence) and insert:
CEO or the Chief Health Officer
(b) delete “CEO of Health,” and insert:
CEO or the Chief Health Officer,
In section 349(1) delete “The CEO, the Executive Director, Personal Health, the Executive Director, Public Health and all public health officials, and the local government and its officers,” and insert:
Authorised officers
(1) In section 351(1) delete “CEO, the Executive Director, Personal Health, the Executive Director, Public Health or any member of any local government,” and insert:
CEO, the Chief Health Officer, any authorised officer,
(2) In section 351(2) and (5) delete “Executive Director, Personal Health, the Executive Director, Public Health” and insert:
Chief Health Officer, an authorised officer
In section 357 delete “Executive Director, Personal Health, the Executive Director, Public Health or the local government, as the case requires,” and insert:
Chief Health Officer or the local government
Delete section 360(2) to (5) and insert:
(2) Local laws and regulations made under this Act may create offences with —
(a) a maximum penalty of not more than $10 000; and
(b) if the offence is a continuing offence, a daily penalty of not more than $1 000.
(3) For the purposes of subsection (2) —
(a) local laws and regulations may provide for the imposition of a minimum penalty for an offence; and
(b) the level of the penalty for an offence (whether the maximum penalty or a minimum penalty) may be related to either or both of the following —
(i) the circumstances or extent of the offence;
(ii) whether the offender has committed previous offences and, if so, the number of previous offences that the offender has committed.
91. Section 362 amended
In section 362(2):
(a) delete “Executive Director, Personal Health, Executive Director, Public Health” and insert:
the Chief Health Officer
(b) delete “a public health official or”.
In section 365(1) delete “Executive Director, Personal Health, the Executive Director, Public Health” (each occurrence) and insert:
Chief Health Officer
(1) In section 366(1):
(a) delete “No CEO, Executive Director, Personal Health, Executive Director, Public Health or public health official,” and insert:
No CEO or Chief Health Officer,
(b) delete “he,” and insert:
he or she,
(2) In section 366(2):
(a) delete “any such CEO, Executive Director, Personal Health, Executive Director, Public Health, official, member, or person, is so concerned or interested, or if any such CEO, Executive Director, Personal Health, Executive Director, Public Health, official, member,” and insert:
the CEO, the Chief Health Officer or any member or person is concerned or interested in the circumstances referred to in subsection (1), or if the CEO, the Chief Health Officer or any member
(b) after “his” (each occurrence) insert:
or her
(c) after “he” insert:
or she
In section 376:
(a) delete “Executive Officer, Personal Health or the Executive Officer, Public Health” and insert:
Chief Health Officer
(b) delete “CEO,” and insert:
CEO or the Chief Health Officer,
(1) In section 377(1) delete “Executive Director, Personal Health, the Executive Director, Public Health,” and insert:
Chief Health Officer,
(2) In section 377(2) delete “Executive Director, Personal Health, the Executive Director, Public Health,” and insert:
Chief Health Officer
(3) In section 377(4) delete “public health official” and insert:
authorised officer
At the end of Part XV insert:
Schedule 6 sets out transitional provisions.
In Schedule 5 Part IV delete “340M(1) and (2), 340AK(5b), 340AM(1) and (2),” and insert:
340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2),
After Schedule 5 insert:
[s. 379]
(1) A reference in a document (other than a written law) to the
Health Act 1911 may be taken to be a reference to theHealth (Miscellaneous Provisions) Act 1911 if it would be appropriate in the context to do so.(2) This clause does not prejudice or affect the application of the
Interpretation Act 1984 section 16(1).
A thing done or omitted to be done by, to or in relation to the Executive Director, Public Health or the Executive Director, Personal Health before the day on which the
(1) A reference in a written law or document to the Executive Director, Public Health or the Executive Director, Personal Health may, if the context permits, be taken to be a reference to the Chief Health Officer.
(2) A reference in a written law or document to an environmental health officer, medical officer or public health official may, if the context permits, be taken to be a reference to an authorised officer.
Despite sections 247A(3) and 247BA(1), the members of the Local Health Authorities Analytical Committee who held office immediately before the day on which the
(a) in the case of the members appointed under section 247A(3)(a) (as that subsection was in force immediately before the commencement day) —
(i) as if they had been appointed by the Minister on the nomination of WALGA; and
(ii) each with a term of office of 3 years beginning on the commencement day;
and
(b) in the case of the members appointed under section 247A(3)(b) or (c) (as that subsection was in force immediately before the commencement day) —
(i) as if they had been appointed by the Minister on the nomination of WALGA; and
(ii) each with a term of office beginning on the commencement day that is the balance of the member’s term of office remaining immediately before the commencement day.
(1) The persons who held office under Part XIIIA as permanent or provisional members of the Maternal Mortality Committee, or as deputies of members of that Committee, immediately before the coming into operation of the
Public Health (Consequential Provisions) Act 2016 section 42 —(a) continue in office, under and subject to Part XIIIA, as members or, as the case requires, deputies of members of that Committee until the expiry of their respective terms (if any); and
(b) in the case of those persons who held office as permanent or provisional members, continue in office without distinction as to whether they were appointed as permanent or provisional members.
(2) The persons who held office under Part XIIIB as permanent or provisional members of the Perinatal and Infant Mortality Committee, or as deputies of members of that Committee, immediately before the coming into operation of the
Public Health (Consequential Provisions) Act 2016 section 55 —(a) continue in office, under and subject to Part XIIIB, as members or, as the case requires, deputies of members of that Committee until the expiry of their respective terms (if any); and
(b) in the case of those persons who held office as permanent or provisional members, continue in office without distinction as to whether they were appointed as permanent or provisional members.
(3) The persons who held office under Part XIIIC as permanent or provisional members of the Anaesthetic Mortality Committee, or as deputies of members of that Committee, immediately before the coming into operation of the
Public Health (Consequential Provisions) Act 2016 section 69 —(a) continue in office, under and subject to Part XIIIC, as members or, as the case requires, deputies of members of that Committee until the expiry of their respective terms (if any); and
(b) in the case of those persons who held office as permanent or provisional members, continue in office without distinction as to whether they were appointed as permanent or provisional members.
Division 11 – General amendments
Amend the provisions listed in the Table as set out in the Table.
Pt. II Div. 1 heading | ||
s. 13 | public health official | authorised officer |
s. 15(2) | may, if there is no medical officer, be signed by any legally qualified medical practitioner, and shall for all such purposes be as effectual as if signed by a medical officer | may be signed by any medical practitioner |
s. 131(1) | any medical officer of health or of any 2 legally qualified medical practitioners | the Chief Health Officer |
s. 145(1) | medical officer of health environmental health officer | authorised officer authorised officer |
s. 145(2) | its medical officer of health | an authorised officer |
s. 152 | medical officer of health | Chief Health Officer |
s. 156 | medical officer | Chief Health Officer |
s. 157(2) | environmental health officer | authorised officer |
s. 181 | environmental health officer | authorised officer |
s. 183 | environmental health officer | authorised officer |
s. 184(1) | environmental health officer | authorised officer |
s. 199(18) | environmental health officer | authorised officer |
s. 246B(3) | officer | practitioner |
s. 251 | public health official | authorised officer |
s. 251(5) | medical officer (each occurrence) | medical practitioner |
s. 252 | environmental health | authorised |
s. 253 | public health official environmental health | authorised officer authorised |
s. 257 | medical officer of health or environmental health | authorised |
s. 257(2) and (3) | medical officer of health | authorised officer |
s. 258 | medical officer of health, or any environmental health | authorised |
s. 262(3) | the medical officer of health or an environmental health | an authorised |
s. 263 | a medical officer of health | the Chief Health Officer |
s. 263(1) and (2) | medical officer of health | Chief Health Officer |
s. 265(1) | environmental health | authorised |
s. 267(1)(c) | a medical officer of health or an environmental health | an authorised |
s. 268(a) | a medical | an authorised |
s. 273(2) | officer or any 2 legally qualified medical practitioners | practitioner |
s. 277(1)(b) | an environmental health the environmental health | an authorised the authorised |
s. 277(3) | environmental health (each occurrence) | authorised |
s. 280(2) | the medical officer of health | an authorised officer |
s. 280(3) | a medical officer of health | the Chief Health Officer |
s. 283 | officer of health | authorised officer |
s. 285(1) | some legally qualified | a |
s. 285(2) | any medical officer the medical officer | any medical practitioner a medical practitioner |
s. 289C(d) | medical officer, | |
s. 290 def. of | medical officer | medical practitioner |
s. 294(1)(a) | or an approved medical officer or the approved medical officer | |
s. 294(2) | or an approved medical officer, | |
s. 294(6)(a) | or an approved medical officer | |
s. 307(1) | medical officer of health or any 2 medical practitioners said officer or practitioners shall have or their and the examination is to be by 2 medical practitioners, one of such practitioners | medical practitioner medical practitioner so authorised has or her the practitioner |
s. 309(2), (3) and (4) | medical officer (each occurrence) | medical practitioner |
s. 316 | officer of public health | authorised officer |
s. 335(1) | and to the medical officer of health of the district in which she practises | |
s. 335(2) | and to the medical officer of health | |
s. 335(4) | medical officer of health | Chief Health Officer |
s. 337(1) and (3) | medical officer (each occurrence) | medical practitioner |
s. 337(4) | medical officer (1 such officer officer or nurse or of the medical officer of health of the local government | medical practitioner the medical practitioner medical practitioner or nurse |
s. 352(1) and (2) | environmental health | authorised |
s. 358(2) | environmental health | authorised |
s. 375 | public health official or officer of the local government | authorised officer |
Notes:
1. The heading to amended section 145 is to read:
2. The heading to amended section 352 is to read:
In the provisions listed in the Table:
(a) delete “Executive Director, Public Health” (each occurrence) and insert:
Chief Health Officer
(b) delete “Executive Director, Personal Health” (each occurrence) and insert:
Chief Health Officer
s. 13 | s. 14 |
s. 15(1) | s. 16 |
s. 17 | s. 22(1) |
s. 35(1), (2), (3) and (4) | s. 38 |
s. 49(2) | s. 55(1), (5) and (6) |
s. 57(1) | s. 59 |
s. 70 | s. 87 |
s. 90 | s. 96 |
s. 97(1) and (2) | s. 106(7) |
s. 107(2)(b) | s. 112(1) and (3) |
s. 116(a) | s. 119 |
s. 120(1), (3) and (4) | s. 121(1) and (2) |
s. 122(1), (3), (5) and (6) | s. 123 |
s. 131(1) and (3) | s. 135(1) |
s. 173 def. of | |
s. 184(1) | s. 194 |
s. 196(3) and (4) | s. 246B(3) |
s. 247D(3) | s. 250 |
s. 251 | s. 252 |
s. 253 | s. 254 |
s. 255 | s. 256(1) and (2) |
s. 258 | s. 259 |
s. 261 | s. 272 |
s. 273(2), (3) and (4) | s. 276(1), (2) and (3) |
s. 276A(4) | s. 277(1)(c) and (3) |
s. 278(1) | s. 280(1) |
s. 282(1) and (2) | s. 284 |
s. 286 | s. 287(1) and (2) |
s. 288 | s. 289 |
s. 289C(d) | s. 290 def. of |
s. 292 | s. 293 |
s. 293A(1), (2) and (3) | s. 294(1)(a), (2), (6)(a) and (8)(a) |
s. 295 | s. 300(1), (2) and (3) |
s. 300A(1)(b) and (2) | s. 306(2) |
s. 307(1), (2), (3), (4) and (5) | s. 309(2), (3) and (4) |
s. 311(2) | s. 313(6) |
s. 314(2) | s. 335(1), (2), (5)(a), (b), (c) and (d) and (6)(d) and (e) |
s. 336(1) | s. 336A(1) |
s. 336B(1) and (4) | s. 337(1), (2) and (3) |
s. 340(2) | s. 367(1) |
s. 369(1)(c) |
Note: The headings to the amended sections listed in the Table are to read as set out in the Table.
s. 15 | |
s. 16 | |
s. 254 | |
s. 272 | |
s. 282 | |
s. 286 | |
s. 295 | |
s. 336 | |
s. 336A | |
s. 336B |
(1) This section amends the Acts listed in the Table.
(2) In the provisions listed in the Table delete “
Health Act 1911 ” (each occurrence) and insert:
s. 20(1)(d) and 36AA(2) def. of | |
s. 12 | |
s. 66U(3) | |
s. 55(3)(a) | |
s. 14(1)(c), (3)(a) and (4) | |
s. 5(1) def. of | |
s. 39(2)(a)(i), 69(8)(a) and (9A)(b) and 95(4)(f)(iii) | |
s. 17(2) | |
s. 3(1) def. of | |
s. 3(1) def. of | |
s. 6(1)(h) | |
s. 70(7) def. of | |
Sch. 1 | |
Sch. 5 it. 1(i) | |
s. 9 | |
s. 33(2), 214(1) def. of | |
s. 5(2)(b) |
Note: In the
Water Services Act 2012 the heading to amended section 216 is to read:
(1) This section amends the Acts listed in the Table.
(2) In the provisions listed in the Table delete the definition of
Executive Director .
s. 4 | |
s. 3(1) | |
s. 4 |
(3) In the provisions listed in the Table insert in alphabetical order:
s. 4 | |
s. 3(1) | |
s. 4 |
(4) In the provisions listed in the Table delete “Executive Director” (each occurrence) and insert:
Chief Health Officer
s. 5(2)(a) and (4) | |
s. 3(4), 4(2), (4), (4a) and (5), 5(4) and (5), 24(2), 32A(1), 32B(1), (2), (4)(a), (5) and (6) | |
s. 4 def. of |
This Division amends the
(1) In section 2 delete the definition of
Executive Director .(2) In section 2 insert in alphabetical order:
In the provisions listed in the Table delete “Executive Director” (each occurrence) and insert:
Chief Health Officer
s. 2 def. of | s. 3 |
s. 5(1) | s. 6 |
s. 7 | s. 10A(1), (2) and (3) |
s. 12 | s. 14 |
s. 16 | s. 17 |
s. 18 proviso par. (b) | s. 22(3)(a) and (c) |
Notes:
1. The heading to amended section 6 is to read:
2. The heading to amended section 14 is to read:
This Division amends the
Delete section 4(2)(f) and insert:
(f) the
Health (Miscellaneous Provisions) Act 1911 ;(ga) the
Food Act 2008 ;
In section 184(1) in the definition of
(a) in paragraph (b) delete “
Health Act 1911 ;” and insert:
(b) after paragraph (e) insert:
(fa) the department principally assisting in the administration of the
Food Act 2008 ;
This Division amends the
(1) In section 3 delete the definitions of:
(2) In section 3 insert in alphabetical order:
(a) are made under the
Health (Miscellaneous Provisions) Act 1911 ; and(b) consist of or include provisions that provide for or require a person donating blood to make a declaration.
(3) In section 3 in the definition of
approved delete “Executive Director, Public Health,” and insert:
Chief Health Officer
This Division amends the
Delete section 44A(1) and insert:
(1) In this section —
Note: The heading to amended section 44A is to read:
In the provisions listed in the Table delete “Executive Director, Public Health” (each occurrence) and insert:
Chief Health Officer
s. 44A(2) | s. 44A(3) |
s. 44A(4)(a) and (b) | s. 44A(5) |
s. 53A(2) |
This Division amends the
In section 3(1) in the definition of
(ba) a person designated as an authorised officer under the
Public Health Act 2016 section 24(1) for the purposes of this Act; or
In section 43(2) after “appointed” (each occurrence) insert:
or designated
Delete section 48(6) and insert:
(6) An authorised person (other than a police officer) must —
(a) at all times when performing functions as an authorised officer carry —
(i) the certificate issued under subsection (5); or
(ii) the certificate of authority issued under the
Public Health Act 2016 section 30;
and
(b) produce for inspection the certificate or certificate of authority at the reasonable request of any person; and
(c) in the case of an authorised person appointed under subsection (1), if he or she ceases to be an authorised person, return the certificate issued under subsection (5) to the local government as soon as is practicable.
Penalty for an offence under this subsection: a fine of $5 000.
In section 49(2) after “appointed” insert:
or designated
This Division amends the
(1) In Schedule V Part 3 delete the item “The Advisory Committee constituted under section 216 of the
Health Act 1911 .”.(2) In Schedule V Part 3 after the item relating to the Local Government Advisory Board insert:
The Local Health Authorities Analytical Committee established by the
(3) In Schedule V Part 3 in the items relating to the Anaesthetic Mortality Committee, the Maternal Mortality Committee and the Perinatal and Infant Mortality Committee delete “
Health Act 1911 .” and insert:
This Division amends the
(1) In section 2 delete the definition of
Executive Director .(2) In section 2 insert in alphabetical order:
In section 8A(b) delete “by the
under the
In section 8B:
(a) in paragraph (a)(ii) delete “
Health Act 1911 ;” and insert:
(b) in paragraph (b)(ii) delete “
Health Act 1911 .” and insert:
In the provisions listed in the Table:
(a) delete “Executive Director” (each occurrence) and insert:
Chief Health Officer
(b) delete “Executive Director’s” and insert:
Chief Health Officer’s
s. 4(1)(b) | s. 4(2) |
s. 4(3) | s. 8A(b) |
s. 16(1)(b) | s. 16(2) |
s. 17(1)(a) |
This Division amends
(1) In section 199(1)(b) delete “
Health Act 1911 .” and insert:
(2) Delete section 199(4) and insert:
(4) In this section —
In section 306(1) in the definition of
as defined in section 3 of that Act; or
This Division amends the
In section 3(1) delete the definition of
(a) a person who is appointed by a local government, to exercise powers on behalf of the local government, under section 29(1); or
(b) a person designated as an authorised officer under the
Public Health Act 2016 section 24(1) for the purposes of this Act;
After section 11(3) insert:
(4) Subsection (3) is subject to the
Public Health Act 2016 section 31.
In section 29(12) delete “medical practitioner or environmental health officer.” and insert:
or a medical practitioner.
In section 47(1) in the definition of
(a) a person who is an authorised person by virtue of an appointment or designation made by that local government; or
In section 52(1) delete “
This Division amends the
Delete section 15(3).
Delete section 34.
In Schedule 1 delete the item relating to the
This Division amends the
In section 33(1)(f) delete “public concourse,” and insert:
public assembly
In section 33A(15) delete the definition of
(a) means a building or place or part of a building or place where persons may assemble for —
(i) civic, theatrical, social, political or religious purposes; or
(ii) educational purposes; or
(iii) entertainment, recreational or sporting purposes; or
(iv) business purposes;
and
(b) includes any building, structure, tent, gallery, enclosure, platform or other place or any part of a building, structure, tent, gallery, enclosure, platform or other place in or on which numbers of persons are usually or occasionally assembled; but
(c) does not include a hospital.
Delete section 48 and insert:
(1) In this section —
(2) The FES Commissioner must from time to time provide the Chief Health Officer with information and recommendations as to the requirements for the prevention of, and escape from, fire in premises used or intended for purposes of public entertainment or of public assembly.
This Division amends the
In section 8 delete the definition of
(a) a person appointed under Part 10 Division 3; or
(b) a person designated by a local government as an authorised officer under the
Public Health Act 2016 section 24(1) for the purposes of this Act;
In section 56(1) and (2) after “appointed” insert:
or designated
In section 57(2) after “appointed” insert:
or designated
Delete section 122(1) and insert:
(1) An enforcement agency may appoint a person to be an authorised officer for the purposes of this Act if the enforcement agency, having regard to any guidelines issued by the CEO under subsection (2), considers the person has appropriate qualifications and experience to perform the functions of an authorised officer.
After section 123(3) insert:
(4) This section is subject to the
Public Health Act 2016 section 31.
In section 126(13) after “Part 10 Division 3” insert:
or designated by the agency under the
This Division amends the
(1) In section 3 delete the definition of
prescribed officer .(2) In section 3 insert in alphabetical order:
(a) the Chief Health Officer; or
(b) any officer or officer of a class of officers prescribed by the regulations;
(1) Delete section 6(1) and insert:
(1) The officers that are necessary for the purposes of carrying out the provisions of the Acts to which this Act applies are to be appointed in the Department under and subject to the
Public Sector Management Act 1994 Part 3.(2) Delete section 6(4).
Delete section 7.
In section 8:
(a) delete “or designated as an officer, medical officer of health, environmental health officer, inspector or public health officer under section 6 or 7, as the case requires,” and insert:
under section 6
(b) delete “or having such a designation”;
(c) delete “or designated”.
Note: The heading to amended section 8 is to read:
After section 9(6) insert:
(7) Subsection (1) does not authorise —
(a) the Minister to delegate any of the Minister’s powers or duties under the
Health (Miscellaneous Provisions) Act 1911 or thePublic Health Act 2016 ; or(b) the CEO or the Chief Health Officer to delegate any of their powers or duties under the
Health (Miscellaneous Provisions) Act 1911 .
Division 16 – Human Reproductive Technology Act 1991 amended
This Division amends the
In section 3(1) delete the definition of
In section 8(3)(a) delete “the
this Act; and
In section 39(2)(d)(ii) delete “
At the end of Part 6 Division 1 insert:
(1) The CEO may designate a person as a Public Health Official for the purposes of this Act if the CEO considers that the person has appropriate qualifications and experience to perform the functions of a Public Health Official, and may revoke a designation under this subsection at any time.
(2) For the purposes of subsection (1), the CEO may engage, under a contract for services, any person whom the CEO considers has appropriate qualifications and experience to perform the functions of a Public Health Official.
(3) A person engaged under subsection (2) is not a person appointed under the
Public Sector Management Act 1994 Part 3.(4) Subsection (2) does not limit section 58 or 59(1) or the
Public Sector Management Act 1994 section 100.(5) If, immediately before the
Public Health (Consequential Provisions) Act 2016 section 156 (therelevant section ) comes into operation, a person holds a designation as a Public Health Official under theHealth Legislation Administration Act 1984 section 7, then, on the coming into operation of the relevant section, the person is to be taken to hold a designation as a Public Health Official under subsection (1).
This Division amends the
(1) In section 3(1) delete the definition of
Executive Director, Public Health .(2) In section 3(1) insert in alphabetical order:
Delete section 64(1C)(c) and insert:
(c) the Chief Health Officer;
(1) In section 69(8a) delete “Executive Director, Public Health —” and insert:
Chief Health Officer —
(2) In section 69(9A) delete “Executive Director, Public Health” and insert:
Chief Health Officer
This Division amends the
After section 3.5(4A) insert:
(4B) Nothing in the
Health (Miscellaneous Provisions) Act 1911 or thePublic Health Act 2016 prevents a local government from making local laws under this Act about matters relating to public health (as defined in thePublic Health Act 2016 section 4(1)).
This Division amends the
(1) In section 22B(5):
(a) delete “CEO (Health)” and insert:
Chief Health Officer
(b) delete “
Health Act 1911 ” and insert:
Health (Miscellaneous Provisions) Act 1911 or theFood Act 2008 (2) After section 22B(5) insert:
(6A) In subsection (5) —
(3) Delete section 22B(10).
This Division amends the
In the long title delete “
In section 16(2)(b) delete “
Delete the heading to Part 11 Division 1 and insert:
In section 148 delete “
Delete section 157.
This Division amends the
(1) In section 5(1) delete the definition of
environmental health officer .(2) In section 5(1) in the definition of
authorised officer delete paragraph (a).
In section 6(1) delete “
In section 60(2) delete “
In section 64(3):
(a) delete “
Health Act 1911 ,” and insert:
(b) delete “
Health Act 1911 ” and insert:
This Division amends the
(1) Delete section 95C(1) and insert:
(1) In this section —
(2) In section 95C(2) delete “ED, PH” and insert:
Chief Health Officer
(3) In section 95C(3):
(a) delete “ED, PH” and insert:
Chief Health Officer
(b) delete “ED, PH,” and insert:
Chief Health Officer,
This Division amends the
In section 2(1) delete the definition of
This Division amends the
In section 3 insert in alphabetical order:
(1) In section 45(1) delete “
Health Act 1911 ” and insert:
(2) In section 45(2):
(a) delete “Executive Director, Public Health” and insert:
Chief Health Officer
(b) delete “
Health Act 1911 .” and insert:
Health (Miscellaneous Provisions) Act 1911 .(3) In section 45(3):
(a) delete “Executive Director, Public Health” and insert:
Chief Health Officer
(b) delete “
Health Act 1911 .” and insert:
Health (Miscellaneous Provisions) Act 1911 .(4) In section 45(4)(a) delete “
Health Act 1911 ” and insert:
(5) Delete section 45(5).
Note: The heading to amended section 45 is to read:
This Division amends the
(1) In section 27(2) delete “Executive Director of Public Health” and insert:
Chief Health Officer
(2) After section 27(2) insert:
(3A) In subsection (2) —
This Division amends the
In Schedule 3 clause 1(7) in the Table delete item 1(a) and insert:
(a) the
Health (Miscellaneous Provisions) Act 1911 ;
This Division amends the
In section 78(4) delete “environmental health officer” and insert:
authorised officer
In section 82(2) delete “environmental health officer” (each occurrence) and insert:
authorised officer
In section 113(2)(a) delete “environmental health officer; or” and insert:
authorised officer; or
In section 125(2)(b) delete “environmental health officers” and insert:
authorised officers
(1) In the Glossary clause 1 delete the definition of
environmental health officer .(2) In the Glossary insert in alphabetical order:
This Division amends the
In section 2 in the definition of
the
This Division amends the
(1) In section 3(1) delete the definition of
Executive Director, Public Health .(2) In section 3(1) insert in alphabetical order:
(1) In section 7(1) delete “Executive Director, Public Health under the
Health Act 1911 .” and insert:
Chief Health Officer under the
(2) In section 7(2) delete “Executive Director, Public Health” and insert:
Chief Health Officer
Note: The heading to amended section 7 is to read:
Delete section 58(b) and insert:
(b) the Chief Health Officer; and
In section 71(4)(c) and (5)(c) delete “Executive Director, Public Health,” and insert:
Chief Health Officer,
(1) If the
Medicines and Poisons Act 2014 section 153 comes into operation on or before the day on which section 100 of this Act comes into operation, section 14 of this Act —(a) does not come into operation; and
(b) is repealed when section 100 of this Act comes into operation.
(2) If the
Medicines and Poisons Act 2014 section 154 comes into operation on or before the day on which section 100 of this Act comes into operation, Part 2 Division 6 Subdivision 2 of this Act —(a) does not come into operation; and
(b) is repealed when section 100 of this Act comes into operation.
(3) If the
Medicines and Poisons Act 2014 section 156 comes into operation on or before the day on which section 100 of this Act comes into operation, Part 2 Division 6 Subdivision 4 of this Act —(a) does not come into operation; and
(b) is repealed when section 100 of this Act comes into operation.
(4) If any of the provisions of the
Medicines and Poisons Act 2014 Part 11 Division 1 come into operation on or before the day on which section 5 of this Act comes into operation, sections 170, 172, 173 and 174 of this Act —(a) do not come into operation; and
(b) are repealed when section 5 of this Act comes into operation.
(5) If the
Poisons Act 1964 is repealed on or before the day on which section 5 of this Act comes into operation, Part 3 Division 21 of this Act —(a) does not come into operation; and
(b) is repealed when section 5 of this Act comes into operation.
205. Subsidiary legislation repealed
This subsidiary legislation is repealed:
(a) the
Annual Report Form (Local Authorities) Regulations ;(b) the
Form for Result of Sample Analysis Regulations ;(c) the
Health Act (Local Authorities Sewerage Undertakings) Model By‑laws ;(d) the
Local Health Boards (Annual Statement of Accounts) Regulations 1961 ;(e) the
Model By‑laws ‑ Handling Dead Bodies ;(f) the
Model By‑laws Series “A” .
This Part amends the
(1) In section 3(1) delete the definition of
AIDS .(2) In section 3(1) delete the definition of
responsible pathologist .
Delete section 5.
Delete section 6.
Delete section 7.
Delete section 12.
Delete sections 13 and 14.
Delete section 15.
Delete section 16.
Delete section 17.
Delete the heading to Part II Division 2.
Delete sections 22 and 25.
Delete section 26.
Delete section 35.
Delete section 36.
Delete section 38.
Delete Part II Division 3.
Delete Part III.
Delete sections 53 to 63A.
After section 64(9) insert:
(10) This section does not apply on or after the date on which the
Public Health (Consequential Provisions) Act 2016 section 225 comes into operation, other than to and in relation to any agreement made under this section and having effect immediately before that section comes into operation.
Delete sections 65 to 71.
Delete sections 72 and 73.
After section 74(3) insert:
(4) This section does not apply on or after the date on which the
Public Health (Consequential Provisions) Act 2016 section 228 comes into operation, other than to and in relation to any agreement made under this section and having effect immediately before that section comes into operation.
Delete sections 75 to 94.
Delete Part IV Divisions 3 to 5 and 7 to 9.
Delete Part V.
Delete Part VI.
Delete Part VII.
In the heading to Part VIIA delete “
Delete the heading to Part VIIA and insert:
Delete section 203.
Delete Part VIIA Division 1.
Delete Part VIIA Division 8.
Delete the headings to Part IX and Part IX Division 1.
Delete section 248.
Delete section 249.
Delete sections 250 to 275.
Delete Part IX Division 2.
Delete Part IXA.
Delete Part X.
Delete Part XI.
Delete section 340.
In section 340AB(3)(d) delete “Princess Margaret Hospital for Children,” and insert:
Perth Children’s Hospital,
In the heading to Part XIV delete “
Delete section 341(2).
Delete section 342.
(1) In section 344C in the Table delete “133(1), 134(6), (11), (12), (29), (44), (45) and (46),”.
(2) In section 344C in the Table delete “146(3), 158(3),”.
(3) In section 344C in the Table delete “199(10)”.
Delete sections 343 to 348A.
Delete sections 349 to 352.
Delete section 353.
Delete sections 354 and 355.
Delete section 356.
Delete section 357.
Delete sections 358 and 359.
(1) Delete section 360(1)(a).
(2) Delete section 360(1)(c).
(3) Delete section 360(1)(e).
(4) In section 360(1):
(a) in paragraph (g)(ii) delete “$500;” and insert:
$500.
(b) delete paragraph (h).
(5) In section 360(2) delete “Local laws and regulations” and insert:
Regulations
(6) In section 360(3)(a) delete “local laws and”.
(7) In section 360 after each of subsection (1)(b) and (d) insert:
or
In section 361 delete “local law,”.
In section 362(2):
(a) delete “or local law”;
(b) delete “or the local government of the district in which the offence is committed, or an officer of the local government,”.
Delete section 366.
Delete section 367.
Delete section 368.
Delete sections 369 to 371.
Delete sections 373 and 374.
Delete section 376.
In section 377:
(a) delete paragraphs (1) to (9);
(b) in paragraph (10) delete “analysed;” and insert:
analysed.
(c) delete paragraph (11).
Delete section 377.
Delete section 378.
Delete Schedule 1.
Delete Schedule 2.
Delete Schedule 4.
(1) Delete Schedule 5 Part I and insert:
Sections 203(2), 225(1) and 238(3) and (5) |
(2) Delete Schedule 5 Part I.
(3) Delete Schedule 5 Part II and insert:
Sections 224(2), 227(13), 335(3) and 337(6) |
(4) Delete Schedule 5 Part II and insert:
Sections 335(3) and 337(6) |
(5) Delete Schedule 5 Part III.
(6) Delete Schedule 5 Part IV and insert:
Sections 223(1), 225(2), 227(2), 231(2), 234(1), 240(1), 336(5a), 336A(5a), 336B(7a), 340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2) and 340BM(1) and (2) |
(7) Delete Schedule 5 Part IV and insert:
Sections 336(5a), 336A(5a), 336B(7a), 340LB(2), 340M(1) and (2), 340ALB(2), 340AM(1) and (2), 340BLB(2) and 340BM(1) and (2) |
(8) Delete Schedule 5 Part V.
(9) Delete Schedule 5 Part VI and insert:
Sections 221(1), 222, 236(1), 241(1) and 340AL(1c) |
(10) Delete Schedule 5 Part VI and insert:
Section 340AL(1c) |
(11) Delete Schedule 5 Part VII.
(12) Delete Schedule 5 Part VIII.
After Schedule 6 clause 5(2) insert:
(2A) The persons who held office under section 340AB(3)(d) as members of the Perinatal and Infant Mortality Committee, or as deputies of those members, immediately before the coming into operation of the
Public Health (Consequential Provisions) Act 2016 section 248 continue in office, under and subject to Part XIIIB, as members or, as the case requires, deputies of members of the Committee until the expiry of their respective terms as if they had been appointed by the Minister on the nomination of the chief executive of the health service provider for Perth Children’s Hospital under theHealth Services Act 2016 .
This Division amends the
(1) After section 4(2)(f) insert:
(gaa) the
Public Health Act 2016 ;
(2) Delete section 4(2)(f).
(1) In section 184(1) in the definition of
information sharing agency before paragraph (f) insert:(fb) the department principally assisting in the administration of the
Public Health Act 2016 ;(2) In section 184(1) in the definition of
information sharing agency delete paragraph (b).
This Division amends the
In section 3 in the definition of
This Division amends the
Delete section 12 and insert:
A person must not —
(a) pollute any water within or under a water reserve or catchment area; or
(b) allow or permit any water within or under a water reserve or catchment area to become polluted.
Penalty: a fine of $10 000 and imprisonment for one year.
This Division amends the
(1) In section 8A(b) delete “
Act 1911 ;” and insert:
(2) In section 8A(b) delete “
Health (Miscellaneous Provisions) Act 1911 or the”.
This Division amends the
In section 52(1) delete “the
This Division amends the
(1) In section 66U(1) delete “an infectious” and insert:
a notifiable infectious
(2) Delete section 66U(3) and insert:
(3) In this section —
This Division amends the
(1) In Schedule 1 delete “
Health (Miscellaneous Provisions) Act 1911 ”.(2) In Schedule 1 insert in alphabetical order:
This Division amends the
In section 55(3)(a) delete “
This Division amends the
In section 5(1) delete the definition of
This Division amends the
In section 39(2)(d)(ii) after “
or the
This Division amends the
At the end of Part 4 insert:
(1) In this section —
(2) For the purposes of protecting, promoting and improving public health in relation to any class A reserve, the Chief Health Officer has all the powers and authority of a local government under the
Local Government Act 1995 as if —(a) the class A reserve were a district for the purposes of that Act; and
(b) the Chief Health Officer were the local government for that district.
(3) The power and authority conferred on the Chief Health Officer by subsection (2) includes the power to make and enforce local laws under the
Local Government Act 1995 .(4) However —
(a) nothing in the
Local Government Act 1995 Part 3 Division 2 Subdivision 2 (other than sections 3.12(5) and (8), 3.14(1) and 3.15) applies to or in respect of the making of local laws by the Chief Health Officer; and(b) before making local laws in relation to a class A reserve, the Chief Health Officer must —
(i) consult with the management body of the reserve or, if there is no management body, the Minister; and
(ii) consider any advice provided by the management body or, as the case requires, the Minister.
(5) If there is a conflict or inconsistency between a local law made by the Chief Health Officer under subsection (2) and a local law made by a local government under the
Local Government Act 1995 or any other Act, the local law made by the Chief Health Officer prevails to the extent of the conflict or inconsistency.
This Division amends the
In section 39(2)(a)(i) delete “
(1) In section 69(8)(a) delete “
Health (Miscellaneous Provisions) Act 1911 ; or” and insert:
(2) In section 69(9A)(b) delete “
Health (Miscellaneous Provisions) Act 1911 .” and insert:
In section 95(4)(f)(iii) after “
or the
This Division amends the
In section 22B(5) after “
or the
This Division amends the
(1) Before section 16(1) insert:
(1A) In this section —
(2) Delete section 16(2)(b) and insert:
(b) the Schedule 7 poison is a pesticide and —
(i) the person is authorised under the
Public Health Act 2016 to use or possess the poison; and(ii) the use or possession by the person is in accordance with that authorisation;
or
Delete section 155.
This Division amends the
Delete section 17 and insert:
A person must not —
(a) pollute any water within or under a water reserve or catchment area; or
(b) allow or permit any water within or under a water reserve or catchment area to become polluted.
Penalty: a fine of $10 000 and imprisonment for one year.
This Division amends the
In section 3(1) delete the definition of
(a) holds a science degree in, or to a major extent in, chemistry awarded by —
(i) a university in Australia; or
(ii) a prescribed university;
and
(b) has had not less than 2 years’ practical experience in the chemical analysis of drugs;
(1) Delete section 38D(1) and insert:
(1) In this section —
(2) After section 38D(2) insert:
(3) In any proceedings under this Act, production of a certificate purporting to be signed by the Chief Health Officer and stating that on any date or during any period a specified needle and syringe programme was approved under the
Public Health Act 2016 is, without proof of the signature of the Chief Health Officer, sufficient evidence of the facts stated in the certificate.Note: The heading to amended section 38D is to read:
After Part VII Division 2 insert:
(1) Despite the replacement, by the
Public Health (Consequential Provisions) Act 2016 section 312 (section 312 ), of the definition ofanalyst in section 3(1), any person who, immediately before section 312 comes into operation, is an approved analyst under a declaration made under section 3A continues to be an approved analyst under and subject to section 3A.(2) A thing done or omitted to be done under this Act by, to or in relation to an analyst (as defined in section 3(1) as in force immediately before section 312 comes into operation) has the same effect on and after the day on which section 312 comes into operation, to the extent that it has any force or significance on or after that day, as if the thing had been done or omitted by, to or in relation to an analyst as defined in section 3(1) after section 312 comes into operation.
This Division amends the
(1) In section 6(1) after “
Health (Miscellaneous Provisions) Act 1911 ,” insert:
and of the
(2) In section 6(1) delete “of the
Health (Miscellaneous Provisions) Act 1911 , and”.
Delete section 60(2) and insert:
(2) In this section —
(1) Delete section 64(3) and insert:
(3) Regulations made under this section are in addition to, and not in derogation of, the following —
(a) regulations made under the
Health (Miscellaneous Provisions) Act 1911 or theMisuse of Drugs Act 1981 ;(b) regulations made under the
Public Health Act 2016 .
(4) If and to the extent that there is an inconsistency between regulations made under this section and any regulations referred to in subsection (3)(a) or (b), the regulations made under this section prevail.
(2) In section 64(3)(a) delete “the
Health (Miscellaneous Provisions) Act 1911 or”.
This Division amends the
In section 302(2) after “this Act” insert:
or the
This Division amends the
(1) In section 3(1) in the definition of
prescribed charge after paragraph (b)(iii) insert:(iva) the
Public Health Act 2016 ; or(2) In section 3(1) in the definition of
prescribed charge delete paragraph (b)(iii).
This Division amends the
In section 6(1)(h) delete “
This Division amends the
In section 70(7) delete the definition of
This Division amends the
Delete section 45 and insert:
(1) In this section —
(2) For the purposes of protecting, promoting and improving public health in relation to the Island, the Chief Health Officer has all the powers and authority of a local government under the
Local Government Act 1995 as if —(a) the Island were a district for the purposes of that Act; and
(b) the Chief Health Officer were the local government for that district.
(3) The power and authority conferred on the Chief Health Officer by subsection (2) includes the power to make and enforce local laws under the
Local Government Act 1995 .(4) However —
(a) nothing in the
Local Government Act 1995 Part 3 Division 2 Subdivision 2 (other than sections 3.12(5) and (8), 3.14(1) and 3.15) applies to or in respect of the making of local laws by the Chief Health Officer; and(b) before making local laws, the Chief Health Officer must consult with the Authority, and consider any advice provided by the Authority.
(5) If there is a conflict or inconsistency between a local law made by the Chief Health Officer under subsection (2) and a local law made by a local government under the
Local Government Act 1995 or any other Act, the local law made by the Chief Health Officer prevails to the extent of the conflict or inconsistency.
This Division amends the
In Schedule 1 delete the item relating to the
This Division amends the
Delete Schedule 5 item 1(i) and insert:
(i) the
Public Health Act 2016 ;
This Division amends the
In section 9 after “
the
Delete section 9 and insert:
(1) This Act is in addition to, and not in derogation of, the following —
(a) the
Health (Miscellaneous Provisions) Act 1911 ;(b) the
Food Act 2008 ;(c) the
Medicines and Poisons Act 2014 ;(d) the
Public Health Act 2016 .
(2) If and to the extent that there is an inconsistency between this Act, or any regulations made under this Act, and any of the Acts referred to in subsection (1) or any regulations made under any of those Acts, those Acts and regulations prevail.
This Division amends the
In section 7(1) delete “
This Division amends the
In section 33(2) delete “
In section 214(1) in the definition of
In section 216(2) delete “
Note: The heading to amended section 216 is to read:
This Division amends the
(1) In section 5(2) after paragraph (b) insert:
(ca) the
Public Health Act 2016 ; or
(2) Delete section 5(2)(b).
If the
(a) does not come into operation; and
(b) is repealed when section 270 of this Act comes into operation.
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