{"id":"health-notification-of-lead-poisoning-regulations-1985","name":"Health (Notification of Lead Poisoning) Regulations 1985","slug":"health-notification-of-lead-poisoning-regulations-1985","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176754,"registerId":"wa-health-notification-of-lead-poisoning-regulations-1985-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Notification of Lead Poisoning) Regulations 1985","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Notification of Lead Poisoning) Regulations 1985\n\nWestern Australia\n\nHealth (Notification of Lead Poisoning) Regulations 1985\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Lead poisoning a prescribed condition of health 2\n\nPart 2 — Notification of lead poisoning\n\n5. Notification by medical practitioner 3\n\n6. Notification by responsible pathologist 4\n\nPart 3 — Western Australian Lead Poisoning Register\n\n7. Western Australia Lead Poisoning Register 5\n\n8. Offence to disclose information without authority 6\n\n9. Chief Health Officer may authorise disclosure of information 6\n\n10. Right to know of information in register 7\n\n11. Request to delete identifying information 7\n\n12. Persons under a legal disability 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Notification of Lead Poisoning) Regulations 1985\n\n## Part 1 — Preliminary\n\n[Heading inserted: Gazette 15 Nov 2016 p. 5055.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health (Notification of Lead Poisoning) Regulations 1985* 1.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the day of publication of the *Health — Infectious Diseases Order (No. 2) 1985* 1.\n\n##### 3. Terms used\n\nIn these regulations —\n\ncorresponding officer means a person who, under the law of another State or a Territory, has functions that correspond or substantially correspond to the functions of the Chief Health Officer under these regulations;\n\nidentifying information means information from which the identity of the person to whom the information relates is apparent or can reasonably be ascertained;\n\nlead poisoning means a concentration of lead in a person’s whole blood at or above 5 micrograms per decilitre (µg/dL);\n\nregister means the register referred to in regulation 7(1);\n\nrequired details, in relation to notification given to the Chief Health Officer of lead poisoning, means —\n\n(a) the name and contact details of the person giving the notification; and\n\n(b) the following information about the person who has lead poisoning, to the extent that the information is known by the person giving the notification —\n\n(i) the full name, sex, date of birth, residential address and occupation of the person;\n\n(ii) the full name and residential address of a parent or guardian of the person, if the person has not reached 18 years of age.\n\n[Regulation 3 inserted: Gazette 15 Nov 2016 p. 5055-6; amended: Gazette 10 Jan 2017 p. 269.]\n\n##### 4. Lead poisoning a prescribed condition of health\n\nLead poisoning is prescribed as a condition of health to which Part IXA applies.\n\n## Part 2 — Notification of lead poisoning\n\n[Heading inserted: Gazette 15 Nov 2016 p. 5056.]\n\n##### 5. Notification by medical practitioner\n\n(1) In this regulation —\n\napproved form means the form approved by the Chief Health Officer, as specified on a website maintained by the Department, in which required information is to be provided to the Chief Health Officer;\n\nmedical practitioner means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the medical profession;\n\nrequired information means —\n\n(a) the required details; and\n\n(b) any other information specified by the Chief Health Officer on a website maintained by the Department as information that is to be provided to the Chief Health Officer by a medical practitioner in relation to lead poisoning.\n\n(2) If a medical practitioner attends a person who has lead poisoning, the practitioner must notify the Chief Health Officer of the required information —\n\n(a) within 72 hours after becoming aware of the lead poisoning; and\n\n(b) in the approved form.\n\nPenalty for this subregulation: a fine of $1 000, but the minimum penalty —\n\n(a) for a first offence, is a fine of $100;\n\n(b) for a second offence, is a fine of $200;\n\n(c) for a subsequent offence, is a fine of $500.\n\n(3) Subregulation (2) does not apply if the medical practitioner knows that the Chief Health Officer has been notified by another person of the required information in relation to the lead poisoning.\n\n[Regulation 5 inserted: Gazette 15 Nov 2016 p. 5056-7; amended: Gazette 10 Jan 2017 p. 269.]\n\n##### 6. Notification by responsible pathologist\n\n(1) In this regulation —\n\nrequired information means —\n\n(a) the required details; and\n\n(b) any other information specified by the Chief Health Officer on a website maintained by the Department as information that is to be provided to the Chief Health Officer by a responsible pathologist in relation to lead poisoning;\n\nresponsible pathologist, of a pathology laboratory, means the pathologist responsible for the day‑to‑day operations of the pathology laboratory.\n\n(2) Subregulation (3) applies if —\n\n(a) a sample of a person’s blood is analysed at a pathology laboratory; and\n\n(b) the analysis indicates the person has lead poisoning.\n\n(3) The responsible pathologist must notify the Chief Health Officer in writing of the required information within 72 hours after becoming aware the analysis indicates the person has lead poisoning.\n\nPenalty for this subregulation: a fine of $1 000, but the minimum penalty —\n\n(a) for a first offence, is a fine of $100;\n\n(b) for a second offence, is a fine of $200;\n\n(c) for a subsequent offence, is a fine of $500.\n\n[Regulation 6 inserted: Gazette 15 Nov 2016 p. 5057; amended: Gazette 10 Jan 2017 p. 269; 19 Sep 2017 p. 4884.]\n\n## Part 3 — Western Australian Lead Poisoning Register\n\n[Heading inserted: Gazette 15 Nov 2016 p. 5058.]\n\n##### 7. Western Australia Lead Poisoning Register\n\n(1) The Chief Health Officer must keep a register to be known as the Western Australian Lead Poisoning Register.\n\n(2) The register must contain all information notified to the Chief Health Officer under regulations 5 and 6.\n\n(3) The register may contain —\n\n(a) information given to the Chief Health Officer by a corresponding officer; and\n\n(b) any other information the Chief Health Officer considers appropriate, having regard to the purposes mentioned in subregulation (4).\n\n(4) The register must be kept for the following purposes —\n\n(a) to monitor the number of cases of lead poisoning in Western Australia;\n\n(b) to plan, monitor and evaluate services for the control of lead poisoning and the care of persons with lead poisoning in Western Australia;\n\n(c) to compile and publish general or statistical information relating to lead poisoning;\n\n(d) to carry out research into the causes, prevention, screening and treatment of lead poisoning.\n\n(5) The register must be kept in the manner and form determined by the Chief Health Officer.\n\n[Regulation 7 inserted: Gazette 15 Nov 2016 p. 5058; amended: Gazette 10 Jan 2017 p. 269.]\n\n##### 8. Offence to disclose information without authority\n\nA person who has access to the register in the course of the person’s duty must not disclose information in the register unless the disclosure —\n\n(a) is made with the written consent of the person to whom the information relates; or\n\n(b) is authorised under regulation 9; or\n\n(c) is authorised or required under another written law.\n\nPenalty: a fine of $1 000, but the minimum penalty —\n\n(a) for a first offence, is a fine of $100;\n\n(b) for a second offence, is a fine of $200;\n\n(c) for a subsequent offence, is a fine of $500.\n\n[Regulation 8 inserted: Gazette 15 Nov 2016 p. 5058-9.]\n\n##### 9. Chief Health Officer may authorise disclosure of information\n\n(1) In this regulation —\n\nAustralian Institute of Health and Welfare means the Australian Institute of Health and Welfare established under the *Australian Institute of Health and Welfare Act 1987* (Commonwealth) section 4.\n\n(2) The Chief Health Officer may authorise the disclosure of information in the register —\n\n(a) for the purposes of research approved in accordance with guidelines for the conduct of medical research involving humans issued in compliance with the *National Health and Medical Research Council Act 1992* (Commonwealth) section 10; or\n\n(b) to the Australian Institute of Health and Welfare, if the Chief Health Officer is satisfied that the information is to be used solely for a purpose mentioned in regulation 7(4); or\n\n(c) to a corresponding officer in another State or a Territory, if the Chief Health Officer is satisfied that the usual place of residence of the person to whom the information relates is, was or will be in that State or Territory.\n\n(3) The Chief Health Officer may authorise the disclosure of any information in the register, other than identifying information, for a purpose mentioned in regulation 7(4).\n\n(4) An authorisation under this regulation must be in writing and may apply generally or to a specific case or class of cases.\n\n[Regulation 9 inserted: Gazette 15 Nov 2016 p. 5059; amended: Gazette 10 Jan 2017 p. 269.]\n\n##### 10. Right to know of information in register\n\nOn the written request of a person, the Chief Health Officer must —\n\n(a) search the register for information about the person; and\n\n(b) as soon as is reasonably practicable, either —\n\n(i) tell the person that there is no information about the person in the register, if that is the case; or\n\n(ii) give the person a copy of any information about the person in the register.\n\n[Regulation 10 inserted: Gazette 15 Nov 2016 p. 5059; amended: Gazette 10 Jan 2017 p. 269.]\n\n##### 11. Request to delete identifying information\n\n(1) A person may request the Chief Health Officer in writing to cause any identifying information about the person to be deleted from the register.\n\n(2) If a person makes a request under subregulation (1) —\n\n(a) the Chief Health Officer must ensure that the request is complied with as soon as is practicable; and\n\n(b) any information about the person that is not identifying information may be retained in the register.\n\n[Regulation 11 inserted: Gazette 15 Nov 2016 p. 5060; amended: Gazette 10 Jan 2017 p. 269.]\n\n##### 12. Persons under a legal disability\n\nA parent or guardian of a person who is under a legal disability may on behalf of the person —\n\n(a) give written consent for the purposes of regulation 8(a); and\n\n(b) make a written request for the purposes of regulation 10 or 11(1).\n\n[Regulation 12 inserted: Gazette 15 Nov 2016 p. 5060.]\n\nNotes\n\n1 This is a compilation of the *Health (Notification of Lead Poisoning) Regulations 1985* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Health (Notification of Lead Poisoning) Regulations 1985* | 24 May 1985 p. 1760 | 24 May 1985 (see r. 2 and *Gazette* 24 May 1985 p. 1759) |\n| *Health (Offences and Penalties) Amendment Regulations (No. 2) 1988* Pt. 8 | 23 Dec 1988 p. 4970-5 | 23 Dec 1988 |\n| **Reprint 1: The *Health (Notification of Lead Poisoning) Regulations 1985* as at 2 Apr 2004** (includes amendments listed above) | | |\n| *Health (Notification of Lead Poisoning) Amendment Regulations 2016* | 15 Nov 2016 p. 5055-60 | r. 1 and 2: 15 Nov 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 16 Nov 2016 (see r. 2(b)) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt. 16 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017* Pt. 4 | 19 Sep 2017 p. 4883‑5 | 20 Sep 2017 (see r. 2(b) and *Gazette* 19 Sep 2017 p. 4880) |\n\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\napproved form 5(1)\n\nAustralian Institute of Health and Welfare 9(1)\n\ncorresponding officer 3\n\nidentifying information 3\n\nlead poisoning 3\n\nmedical practitioner 5(1)\n\nregister 3\n\nrequired details 3\n\nrequired information 5(1), 6(1)\n\nresponsible pathologist 6(1)\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow focus on lead poisoning notification and surveillance. While amended in 2016 and 2017 to modernise language (updating terms like 'medical practitioner' to align with national registration schemes) and clarify notification procedures, the core scope remains unchanged from the 1985 original intent."},"complexity_factors":["Short length (12 regulations across 3 Parts)","Minimal cross-referencing (primarily internal references to regulations 5, 6, 7, and 8)","Straightforward conditional logic (simple 'if-then' structures in notification requirements)","11 defined terms, clearly listed in a dedicated section and compilation table","No nested exceptions or deeply conditional provisions","Clear structure with logical flow: definitions → notification duties → register management → privacy protections"],"plain_english_summary":"This legislation requires doctors and pathology labs in Western Australia to report cases of lead poisoning to the state's Chief Health Officer within 72 hours. It establishes a confidential register to track lead poisoning cases for public health monitoring, research, and service planning. The register is strictly protected—disclosing information without proper authority is an offence, though data can be shared for approved research or with interstate health authorities. Individuals have the right to see their own information and request that identifying details be removed."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404-style error","Cannot assess actual regulatory complexity without access to the text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"Likely a Western Australian statutory instrument requiring health professionals, hospitals and laboratories to notify health authorities of suspected or confirmed cases of lead poisoning. It affects clinicians, labs and public‑health officials by mandating reporting to enable surveillance and response. Because it dates from 1985, check WA legislation for current status or replacement."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument, as compiled, extends beyond simple notification to define a numeric blood‑lead threshold (reg 3), impose 72‑hour notification duties on both medical practitioners and responsible pathologists (regs 5–6), establish and govern a central Lead Poisoning Register with purposes for monitoring, service planning and research (reg 7(3)–(4)), set out disclosure controls and offences (regs 8–9), and create individual rights to access or remove identifying information (regs 10–11). The compilation table shows these provisions were inserted or amended by later regulations (2016–2017), indicating an expansion of scope from the original 1985 instrument."},"complexity_factors":["Clear numeric case definition threshold for lead poisoning (blood lead ≥ 5 µg/dL) creates a bright‑line trigger for duties (reg 3).","Notification duties with a 72‑hour deadline placed on medical practitioners and responsible pathologists, including requirement to use an approved form or written notice (regs 5(2), 6(3)).","Penalties with tiered minimum fines for repeated offences introduce compliance cost and enforcement steps (regs 5(2), 6(3), 8).","Register creation and mandatory content requirements centralise data collection and retention under the Chief Health Officer (reg 7).","Disclosure controls give the Chief Health Officer broad written authorisation power and limit disclosure to specified research, inter‑jurisdictional sharing and statutory exceptions (reg 9).","Rights for individuals (or guardians) to obtain register information and request deletion of identifying information impose administrative duties on the Chief Health Officer (regs 10–11).","Reliance on external, changeable materials (approved form and additional required information specified on the Department website) creates operational dependence on non‑legislative instruments (reg 5(1); reg 6(1)).","Cross‑jurisdictional coordination option via corresponding officers allows data exchange with other States/Territories, requiring residency checks (regs 3, 9(2)(c)).","Privacy and access restrictions create potential tensions between research/statistical uses and individual identifying data (regs 7(4), 9(3), 8)."],"plain_english_summary":"These regulations make lead poisoning (blood lead ≥ 5 micrograms per decilitre) a notifiable condition and require medical practitioners and responsible pathologists to notify the Chief Health Officer within 72 hours when they identify a case (regs 3, 5–6); penalties apply for non‑compliance. The Chief Health Officer must keep a Western Australian Lead Poisoning Register, may authorise or refuse disclosure, and must respond to requests to access or delete identifying information (regs 7–12)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/health-notification-of-lead-poisoning-regulations-1985","history":"/api/acts/health-notification-of-lead-poisoning-regulations-1985/history","analysis":"/api/acts/health-notification-of-lead-poisoning-regulations-1985/analysis","conflicts":"/api/acts/health-notification-of-lead-poisoning-regulations-1985/conflicts","importantCases":"/api/acts/health-notification-of-lead-poisoning-regulations-1985/important-cases","documents":"/api/acts/health-notification-of-lead-poisoning-regulations-1985/documents"}}