{"id":"health-legislation-administration-act-1984","name":"Health Legislation Administration Act 1984","slug":"health-legislation-administration-act-1984","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30625,"registerId":"wa-health-legislation-administration-act-1984-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Legislation Administration Act 1984","content":"![Crest]()Western Australia\n\nHealth Legislation Administration Act 1984\n\nWestern Australia\n\nHealth Legislation Administration Act 1984\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Application 2\n\n5. Objects 2\n\n6. Officers and employees, appointment of etc. 2\n\n8. Effect of appointment under s. 6 3\n\n9. Delegation by Minister, CEO etc. 3\n\n10. Application of *Financial Management Act 2006* and *Auditor General Act 2006* 5\n\n11. Advisory groups, committees, councils and panels, establishment of 5\n\n12. Regulations 6\n\nNotes\n\nCompilation table 7\n\nOther notes 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth Legislation Administration Act 1984\n\nAn Act relating to the administration of certain Acts and to facilitate the provision of health services to the people of the State.\n\n##### 1. Short title\n\nThis Act may be cited as the *Health Legislation Administration Act 1984*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on a day to be fixed by proclamation.\n\n##### 3. Terms used\n\nIn this Act, unless the contrary intention appears —\n\n  CEO means the chief executive officer of the Department;\n\nChief Health Officer  has the meaning given in the *Public Health Act 2016* section 4(1);\n\n  Department means the department of the Public Service of the State principally assisting the Minister in the administration of the Acts to which this Act applies;\n\nprescribed officer means —\n\n(a) the Chief Health Officer; or\n\n(b) any officer or officer of a class of officers prescribed by the regulations;\n\n  section means a section of this Act;\n\n  subsection means a subsection of the section wherein the term is used.\n\n[Section 3 amended: No. 28 of 2006 s. 253; No. 25 of 2014 s. 66; No. 19 of 2016 s. 151.]\n\n##### 4. Application\n\nThis Act applies to the Acts the administration of which is committed by the Governor to the Minister.\n\n##### 5. Objects\n\nThe objects of this Act are to facilitate —\n\n(a) the co‑ordination of the administration of the Acts to which this Act applies; and\n\n(b) the effective and efficient provision of health and related services to the people of the State.\n\n##### 6. Officers and employees, appointment of etc.\n\n(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.\n\n(2) The Minister may for the purposes of the Acts to which this Act applies, other than the *Health Services Act 2016* —\n\n(a) appoint persons, other than public service officers, as employees on a full‑time, part‑time or casual basis or for a specified period; and\n\n(b) engage persons, other than public service officers, under contract for services.\n\n(3) Subject to the *Industrial Relations Act 1979* 1 and the *Public Service Arbitration Act 1966* 2, the terms and conditions subject to which a person or a member of a class of persons is —\n\n(a) appointed as an employee under subsection (2)(a); or\n\n(b) engaged under contract for services under subsection (2)(b),\n\nshall be as determined by the Minister after consultation with the Public Sector Commissioner.\n\n[(4) deleted]\n\n[Section 6 amended: No. 32 of 1994 s. 3(2); No. 103 of 1994 s. 18; No. 69 of 1996 s. 38; No. 28 of 2006 s. 254; No. 22 of 2008 Sch. 3 cl. 24; No. 35 of 2010 s. 76; No. 39 of 2010 s. 89; No. 25 of 2014 s. 67; No. 11 of 2016 s. 293; No. 19 of 2016 s. 152.]\n\n[**7.** Deleted: No. 19 of 2016 s. 153.]\n\n##### 8. Effect of appointment under s. 6\n\nWhere a person is appointed under section 6 for the purposes of an Act to which this Act applies or for any provision of such an Act all the powers and duties conferred or imposed on holding such an appointment by this Act or by an Act to which this Act applies or by a provision of such an Act may be exercised and shall be carried out by the person so appointed and any order or direction given by such a person acting in pursuance of any such power or duty shall have effect accordingly.\n\n[Section 8 amended: No. 57 of 1997 s. 69; No. 19 of 2016 s. 154.]\n\n##### 9. Delegation by Minister, CEO etc.\n\n(1) Subject to this section, the Minister, the CEO or a prescribed officer (hereinafter referred to as the delegator) on whom a power is conferred or duty is imposed by any Act to which this Act applies (hereinafter referred to as a  relevant Act) may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person (hereinafter referred to as the  delegate) any of his powers or duties under that Act, other than this power of delegation.\n\n(2) For the purposes of a relevant Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the delegator.\n\n(3) A delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.\n\n(4) A delegation under this section may —\n\n(a) be made subject to such conditions, qualifications and exceptions as are set out in the instrument of delegation;\n\n(b) be revoked or varied by instrument in writing signed by the delegator.\n\n(5) The delegator may exercise a power or perform a duty notwithstanding that he has delegated its exercise or performance under this section.\n\n(6) This section is in addition to, and not in derogation of, any power to delegate conferred on a delegator by a relevant Act.\n\n(7) Subsection (1) does not authorise —\n\n(a) the Minister to delegate any of the Minister’s powers or duties under the *Health (Miscellaneous Provisions) Act 1911*, the *Human Tissue and Transplant Act 1982* or the *Public Health Act 2016*; or\n\n(b) the CEO or the Chief Health Officer to delegate any of their powers or duties under the *Health (Miscellaneous Provisions) Act 1911*.\n\n[Section 9 amended: No. 28 of 2006 s. 255; No. 19 of 2016 s. 155; No. 41 of 2022 s. 34(2).]\n\n##### 10. Application of *Financial Management Act 2006* and *Auditor General Act 2006*\n\nThe provisions of the *Financial Management Act 2006* and the *Auditor General Act 2006* regulating the financial administration, audit and reporting of departments apply to and in respect of the Department and its operations.\n\n[Section 10 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 81.]\n\n##### 11. Advisory groups, committees, councils and panels, establishment of\n\n(1) The Minister may establish such groups, committees, councils and panels as he thinks are necessary for the purposes of advising him on the administration of this Act and any Act to which this Act applies or any provision thereof, and on the provision of health and related services in this State.\n\n(2) The Minister may appoint such persons as he thinks fit to any group, committee, council or panel established under subsection (1).\n\n(3) A member of a group, committee, council or panel appointed under this section is entitled to such remuneration and allowances as are determined by the Minister after consultation with the Public Sector Commissioner.\n\n(4) The terms and conditions, other than those referred to in subsection (3), applicable in relation to a person appointed under this section shall be as determined by the Minister from time to time either generally or with respect to a particular appointment.\n\n(5) A person appointed under this section is not by that reason alone an officer of the Public Service of the State.\n\n[Section 11 amended: No. 39 of 2010 s. 89.]\n\n##### 12. Regulations\n\nThe Governor may make such regulations as are contemplated by this Act or as he considers necessary or expedient for the purposes of this Act.\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Health Legislation Administration Act 1984* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Health Legislation Administration Act 1984* | 27 of 1984 | 31 May 1984 | 1 Jul 1984 (see s. 2 and *Gazette* 15 Jun 1984 p. 1629) |\n| *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) |\n| *Acts Amendment (Public Sector Management) Act 1994* s. 3(2) | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) |\n| *Hospitals Amendment Act 1994* s. 18 | 103 of 1994 | 11 Jan 1995 | 3 Feb 1995 (see s. 2 and *Gazette* 3 Feb 1995 p. 333) |\n| *Mental Health (Consequential Provisions) Act 1996* Pt. 9 3 | 69 of 1996 | 13 Nov 1996 | 13 Nov 1997 (see s. 2) |\n| *Statutes (Repeals and Minor Amendments) Act 1997* s. 69 | 57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) |\n| **Reprint of the *Health Legislation Administration Act 1984* as at 11 Jan 2002** (includes amendments listed above) | | | |\n| *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 9 Div. 3 4, 5 | 28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) |\n| *Financial Legislation Amendment and Repeal Act 2006* Sch. 1 cl. 81 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |\n| *Medical Practitioners Act 2008* Sch. 3 cl. 24 | 22 of 2008 | 27 May 2008 | 1 Dec 2008 (see s. 2 and *Gazette* 25 Nov 2008 p. 4989) |\n| *Health Practitioner Regulation National Law (WA) Act 2010* Pt. 5 Div. 23 | 35 of 2010 | 30 Aug 2010 | 18 Oct 2010 (see s. 2(b) and *Gazette* 1 Oct 2010 p. 5075‑6) |\n| *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) |\n| **Reprint 2: The *Health Legislation Administration Act 1984* as at 18 Mar 2011** (includes amendments listed above) | | | |\n| *Mental Health Legislation Amendment Act 2014* Pt. 4 Div. 4 Subdiv. 14 | 25 of 2014 | 3 Nov 2014 | 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) |\n| *Health Services Act 2016* s. 293 | 11 of 2016 | 26 May 2016 | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291) |\n| *Public Health (Consequential Provisions) Act 2016* Pt. 3 Div. 15 | 19 of 2016 | 25 Jul 2016 | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) |\n| *Human Tissue and Transplant Amendment Act 2022* s. 34 | 41 of 2022 | 21 Nov 2022 | 22 Nov 2022 (see s. 2(b)) |\n\n\nOther notes\n\n1 Formerly referred to the *Industrial Arbitration Act 1979,* the short title of which was changed to the *Industrial Relations Act 1979* by the *Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984*. The reference was amended under the *Reprints Act 1984* s. 7(3)(gb).\n\n2 Repealed by the *Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984*.\n\n3 The *Mental Health (Consequential Provisions) Act 1996* s. 38(2) is a transitional provision of no further effect.\n\n4 The *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 9 Div. 13 reads as follows:\n\nDivision 13 — Transitional provisions\n\n289. Commissioner of Health\n\n(1) A thing done or omitted to be done by, to or in relation to, the Commissioner of Health before commencement under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the CEO.\n\n(2) In this section —\n\n  CEO has the meaning given by section 3 of the *Health Legislation Administration Act 1984* as in force after commencement;\n\ncommencement means the time at which this Division comes into operation;\n\n  Commissioner of Health means the Commissioner of Health referred to in section 6(1)(a) of the *Health Legislation Administration Act 1984* as in force before commencement.\n\n5 The requirement to appoint a Commissioner of Health was removed from the Act and references to the Commissioner of Health were replaced by references to the CEO, see the *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 9. Section 454 of that Act is a general transitional provision that applies to references to the Commissioner in written laws.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCEO 3\n\nChief Health Officer 3\n\ndelegate 9(1)\n\ndelegator 9(1)\n\nDepartment 3\n\nprescribed officer 3\n\nrelevant Act 9(1)\n\nsection 3\n\nsubsection 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since its original enactment. The text now uses the CEO as the statutory senior executive in place of a former Commissioner of Health (see compilation notes regarding Machinery of Government (Miscellaneous Amendments) Act 2006). The Act also incorporates and cross‑references newer health statutes and roles (for example, the Chief Health Officer as defined in the Public Health Act 2016, s.3) and excludes the Health Services Act 2016 from certain appointment powers (s.6(2)). Delegation limits were updated to list non‑delegable powers under specified Acts (s.9(7)). The Financial Management Act 2006 and the Auditor General Act 2006 were expressly applied to the Department (s.10), bringing departmental finances under those regimes."},"complexity_factors":["Cross‑references to multiple other Acts that govern appointment, industrial relations, finance and public health (see s.3, s.6(1), s.6(3), s.10, s.9(7)).","Delegation regime with formal written instruments, conditional delegation, revocation and non‑delegable exceptions (s.9(1)–(7)).","Distinction between public service appointments (subject to the Public Sector Management Act) and non‑public appointments/contracts (s.6(1)–(2)), with consultation requirements (s.6(3)).","Application of public financial and audit regimes to the Department (s.10), which imports complex external compliance rules.","Authority for establishment and governance of advisory bodies including remuneration and terms (s.11), creating administrative processes.","Amendment and transitional history recorded in the compilation table and notes that affect role definitions and powers (compilation notes)."],"plain_english_summary":"What this law does, in plain terms:\n\n- This Act sets out the administrative framework for how certain health laws are run in Western Australia. It names the principal department and senior roles (for example, the CEO and the Chief Health Officer) and explains who can be appointed to carry out powers under the health Acts that the Governor has assigned to the Minister (see s.3, s.4, s.6).\n\n- It allows the Minister to appoint public service officers through the Department (under the Public Sector Management Act) and to hire or contract non‑public employees for most of the health Acts (s.6(1)–(2)). The Minister determines the terms for those non‑public appointments after consulting the Public Sector Commissioner and subject to relevant industrial laws (s.6(3)).\n\n- Appointments made under the Act carry the powers and duties attached to the relevant office; those powers may be exercised by the appointee as if exercised by the officeholder (s.8).\n\n- The Act gives the Minister, the CEO or specified officers a written delegation power: they can delegate most of their statutory powers to other people in writing, with conditions and revocation by the delegator; delegations do not prevent the delegator from still acting (s.9(1)–(6)). The Act also lists specified non‑delegable powers (s.9(7)). Delegations are formal instruments and operate so the delegate’s actions are treated as the delegator’s actions (s.9(2)–(4)).\n\n- The Department’s finances and audit are subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s.10).\n\n- The Minister may set up advisory groups, committees, councils or panels to advise on administration and service provision, appoint members, and determine their pay and other terms (s.11).\n\n- The Governor may make regulations to support the Act (s.12).\n\nWho this affects and who pays:\n\n- The State (through the Department) pays for staff, contracts and advisory‑group remuneration determined under the Act (s.6(2), s.11(3)). The Department’s financial administration and audit are governed by the Financial Management Act and the Auditor General Act (s.10), which channels costs into the State’s public finance system.\n\n- Public sector employees are appointed under the Public Sector Management Act (s.6(1)). Private persons and firms can be engaged as contractors or non‑public employees for many functions under the Act (s.6(2)(a), (b)), which creates opportunities for providers to supply services to the Department.\n\nWhat the law is meant to achieve and how that compares with practical trade‑offs:\n\n- The Act states its objects as coordination of administration and effective, efficient delivery of health‑related services (s.5). Mechanically, it centralises administrative control: the Minister and the Department (via the CEO and prescribed officers) decide staffing, delegation and advisory arrangements (s.6, s.8, s.9, s.11).\n\n- Benefits claimed (coordination and efficiency) are delivered by concentrating appointment and delegation powers in the Minister, CEO and prescribed officers. The cost of that concentration is administrative discretion sitting in those offices: the Minister and CEO determine terms, make appointments, and may delegate powers (s.6(3), s.9(1), s.11(4)). The Act imposes formal processes (written delegations, consultation with the Public Sector Commissioner) which create administrative overhead and compliance steps (s.6(3), s.9(1), s.11(3)).\n\n- The Act enables use of contracted and non‑public labour (s.6(2)), creating private provider opportunities, but also requires that the Minister determine contractual terms (s.6(3)), which concentrates bargaining and contracting control in government hands.\n\n- Financial oversight is achieved by applying the Financial Management Act and the Auditor General Act to the Department (s.10). That channels costs and reporting obligations into existing public finance rules.\n\nConcrete incentives, compliance burdens and discretion points (with sections cited):\n\n- Incentives: Ministers and the CEO can reassign duties through delegation and appointments to shape who exercises statutory powers (s.6, s.8, s.9). That creates an incentive for the executive to structure administration according to policy or operational priorities.\n\n- Compliance burden: appointments of public officers must follow the Public Sector Management Act (s.6(1)). Non‑public appointments and contracts require the Minister to set terms after consulting the Public Sector Commissioner and subject to industrial law (s.6(2)–(3)), adding procedural steps. Delegations must be in writing and may include conditions and revocation clauses (s.9(1), (4)). Advisory bodies involve appointment procedures and determination of remuneration (s.11(1)–(4)).\n\n- Bureaucratic discretion and limits: the Minister, CEO and prescribed officers have broad delegation and appointment powers (s.6, s.9, s.11). However, the Act specifies non‑delegable powers for the Minister (under certain listed Acts) and for the CEO/Chief Health Officer for certain Acts (s.9(7)), and it preserves any delegation power provided by other Acts (s.9(6)).\n\n- Effects on private choice and markets: the Act explicitly permits engaging private persons under contract to perform services for the health Acts (s.6(2)(b)), creating demand for private service provision. It does not itself set substantive regulatory requirements for private health providers; it is an administrative framework.\n\nImplementation risks and opportunity costs:\n\n- Implementation relies on the Minister and Department exercising appointment and delegation powers effectively and on compliance with public sector and industrial procedures (s.6(1)–(3), s.9(1)). Failure to manage delegations and appointments cleanly could create role confusion or accountability gaps (s.8–9).\n\n- Opportunity costs include the administrative time and resources spent on consultation, contract management, delegation instruments and advisory bodies, rather than direct service delivery (s.6(3), s.9(1), s.11).\n\nNotable structural changes recorded in the Act and notes:\n\n- The Act incorporates defined roles such as the Chief Health Officer (defined by reference to the Public Health Act) and uses the term CEO for the chief executive (s.3). The compilation notes record replacement of a former Commissioner of Health role by the CEO in 2006 (see compilation notes)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains true to its original purpose as an administrative facilitator for health legislation. While amendments have updated machinery (replacing the Commissioner of Health with a CEO, modernising financial management references, and adjusting delegation powers), the core scope — coordinating administration and enabling workforce appointments — has not expanded beyond its original intent. The Act has not grown to regulate substantive health matters directly."},"complexity_factors":["Short statute with only 12 sections (one deleted)","Minimal defined terms (only 7 substantive definitions in section 3, plus 3 procedural definitions in section 9)","Simple conditional logic — primarily straightforward delegations and appointments","Some cross-referencing to other Acts (Public Sector Management Act, Financial Management Act, etc.) but not excessive","Recent amendments have streamlined the Act (removing the Commissioner of Health role, updating references)","No nested exceptions or deeply conditional provisions — section 9(7) contains specific exclusions but they are clearly enumerated"],"plain_english_summary":"This is a Western Australian law that acts as the 'engine room' for running the state's health system. It doesn't provide medical services itself, but sets up the machinery for administering other health laws.\n\n**What it does:**\n- **Coordinates health administration**: Brings together the administration of various health Acts under one Minister and one Department (Section 5).\n- **Powers the workforce**: Allows the Minister to appoint officers and employees (including contractors) to carry out health laws, though not for the *Health Services Act 2016* (Section 6).\n- **Enables delegation**: Lets the Minister, the Department's CEO, or prescribed officers (like the Chief Health Officer) delegate their powers to others, with some exceptions — notably, the Minister cannot delegate powers under key public health laws like the *Public Health Act 2016* (Section 9).\n- **Sets up advisory bodies**: Allows the Minister to establish committees and panels to advise on health services (Section 11).\n- **Financial oversight**: Applies standard government financial management and auditing rules to the Department (Section 10).\n\n**Who it affects:**\n- Public servants working in the WA health department\n- Health professionals appointed under specific health Acts\n- Members of advisory committees\n- The Minister for Health and the Department CEO\n\n**Why it matters:**\nWithout this Act, there would be no legal basis for appointing the people who enforce health laws, no way to delegate decision-making powers, and no formal structure for coordinating how different health laws work together. It's essentially the administrative backbone that keeps the WA health system functioning legally."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page has been removed or relocated following a website upgrade by the Parliamentary Counsel's Office of Western Australia. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was available for analysis — the source URL returned an error page rather than the Act's content","Complexity cannot be meaningfully assessed without access to the actual provisions, schedules, or definitions contained in the legislation","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## Health Legislation Administration Act 1984 (WA)\n\n**⚠️ Content Unavailable**\n\nThe text of this Western Australian law could not be retrieved. The page hosting this legislation has been moved or removed as part of a website upgrade by the Parliamentary Counsel's Office.\n\n**What we know:**\n- This is a **Western Australian** law from **1984**\n- Based on its name, it likely deals with the **administration of health-related legislation** in WA — meaning it probably sets out how health laws are managed, who has authority to enforce them, and how various health agencies operate\n- To find the current, accurate text, visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and search for the Act by name\n\n**Why this matters to you:** Without the actual text, it is impossible to confirm what rights, obligations, or powers this law creates. Do not rely on this summary for any legal or practical decisions."}},"importantCases":[],"_links":{"self":"/api/acts/health-legislation-administration-act-1984","history":"/api/acts/health-legislation-administration-act-1984/history","analysis":"/api/acts/health-legislation-administration-act-1984/analysis","conflicts":"/api/acts/health-legislation-administration-act-1984/conflicts","importantCases":"/api/acts/health-legislation-administration-act-1984/important-cases","documents":"/api/acts/health-legislation-administration-act-1984/documents"}}