{"id":"health-notifications-by-midwives-regulations-1994","name":"Health (Notifications by Midwives) Regulations 1994","slug":"health-notifications-by-midwives-regulations-1994","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176759,"registerId":"wa-health-notifications-by-midwives-regulations-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Notifications by Midwives) Regulations 1994","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Notifications by Midwives) Regulations 1994\n\nWestern Australia\n\nHealth (Notifications by Midwives) Regulations 1994\n\nContents\n\n1. Citation 1\n\n4. Notification of case or delivery attended 1\n\nSchedule\n\nNotes\n\nCompilation table 4\n\n  \n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Notifications by Midwives) Regulations 1994\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health (Notifications by Midwives) Regulations 1994*.\n\n[**2.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n[**3.** Deleted: SL 2024/198 r. 4.]\n\n##### 4. Notification of case or delivery attended\n\nFor the purposes of —\n\n(a) section 335(1) of the Act, the report required to be furnished of a case attended by a midwife, whether of living, premature or full term birth, or stillbirth; and\n\n(b) section 335(5)(b) of the Act, the notice required to be furnished of a delivery attended by a midwife,\n\nis to be in the form of Form 2 in the Schedule.\n\n[Regulation 4 amended: Gazette 14 Dec 2012 p. 6200; SL 2024/20 r. 7.]\n\nSchedule\n\n[Form 1 Deleted: SL 2024/198 r. 5.]\n\nForm 2\n\n[r. 4]\n\n![]()\n\n![]()\n\n[Form 2 inserted: SL 2023/104 r. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Health (Notifications by Midwives) Regulations 1994* 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| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Health (Notifications by Midwives) Regulations 1994* | 28 Jan 1994 p. 283‑5 | 28 Jan 1994 |\n| **Reprint 1: The *Health (Notifications by Midwives) Regulations 1994* as at 11 Jun 2004** | | |\n| *Health (Notifications by Midwives) Amendment Regulations 2011* | 1 Apr 2011 p. 1178 | r. 1 and 2: 1 Apr 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Apr 2011 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations (No. 2) 2011* | 30 Dec 2011 p. 5577-8 | r. 1 and 2: 30 Dec 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Dec 2011 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations 2012* | 14 Dec 2012 p. 6199‑201 | r. 1 and 2: 14 Dec 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2013 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations 2014* | 24 Apr 2014 p. 1143‑5 | r. 1 and 2: 24 Apr 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations 2016* | 3 May 2016 p. 1356-8 | r. 1 and 2: 3 May 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2016 (see r. 2(b)) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt. 17 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Health (Notifications by Midwives) Amendment Regulations 2017* | 16 May 2017 p. 2489‑91 | r. 1 and 2: 16 May 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2017 (see r. 2(b)) |\n| **Reprint 2: The *Health (Notifications by Midwives) Regulations 1994* as at 22 Sep 2017** (includes amendments listed above) | | |\n| *Health (Notifications by Midwives) Amendment Regulations 2019* | 14 Jun 2019 p. 1894‑6 | r. 1 and 2: 14 Jun 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2019 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations 2021* | SL 2021/62 21 May 2021 | r. 1 and 2: 21 May 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2021 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations 2023* | SL 2023/104 30 Jun 2023 | r. 1 and 2: 30 Jun 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2023 (see r. 2(b)) |\n| *Health Regulations Amendment (Abortion Legislation Reform) Regulations 2024* Pt. 3 | SL 2024/20 21 Feb 2024 | 27 Mar 2024 (see r. 2(b)) |\n| *Health (Notifications by Midwives) Amendment Regulations 2024* | SL 2024/198   2 Oct 2024 | r. 1 and 2: 2 Oct 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Oct 2024 (see r. 2(b)) |\n\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing the notification forms midwives must use when attending births. Despite 12 amendment instruments between 2011 and 2024, the scope has not expanded beyond this core function. Recent amendments appear to have streamlined the instrument (deleting Form 1 and regulation 3) rather than adding new obligations or extending coverage to new categories of health practitioners."},"complexity_factors":["Extremely short — only 1 operative provision (regulation 4) plus citation","No defined terms section — relies entirely on definitions in the parent Act","Single cross-reference to sections 335(1) and 335(5)(b) of the Health (Miscellaneous Provisions) Act 1911","No conditional logic, exceptions, or nested provisions","Form-based structure means substantive content is in the Schedule (Form 2), which appears as image placeholders in this text version","Multiple amendments over 30 years (1994–2024) but these have simplified rather than complicated the instrument (Form 1 was deleted, regulation 3 was deleted)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the paperwork requirements for midwives in Western Australia when they attend births. Specifically, they require midwives to fill out a specific form (Form 2) to report:\n- Any case they attend involving a birth — whether the baby is born alive, premature, or stillborn\n- Any delivery they attend\n\n**Who it affects:**\n- **Midwives** practising in Western Australia — they must complete and submit these notifications\n- **The government** — which collects this data for public health records and statistical purposes under the *Health (Miscellaneous Provisions) Act 1911*\n\n**Why it matters:**\nBirth notifications are crucial for:\n- Maintaining accurate birth and death statistics\n- Tracking maternal and infant health outcomes\n- Ensuring proper registration of births (including stillbirths)\n- Public health planning and resource allocation\n\nThe regulations essentially say: \"If you're a midwife and you attend a birth, you must fill out Form 2 and submit it as required by sections 335(1) and 335(5)(b) of the main Health Act.\" The form itself is attached to the regulations but appears as placeholder images in this version."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument has remained narrow in scope: it prescribes the format of notifications midwives must provide under the existing powers in the Health (Miscellaneous Provisions) Act 1911. Amendments over time have updated and replaced the prescribed form and removed obsolete provisions, but they have not materially expanded the subject-matter beyond requiring a specific notification/report form for cases and deliveries attended by midwives."},"complexity_factors":["Only one operative regulation (regulation 4) prescribing the notification form","Short Schedule containing a single required form (Form 2)","Direct cross-references to two subsections of the Health (Miscellaneous Provisions) Act 1911: s. 335(1) and s. 335(5)(b)","Multiple historical amendments and deletions noted in compilation table (may require checking versions to see current form)","Minor complexity from deleted/omitted provisions and replaced forms (e.g. Form 1 deleted; reg 2 and reg 3 omitted/deleted), which requires attention when using reprints"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- The regulation requires midwives in Western Australia to use a specific, prescribed form (called Form 2 in the Schedule) when making two kinds of notifications under the Health (Miscellaneous Provisions) Act 1911:\n  - the report of a case attended by a midwife (this covers living births, premature births, full term births and stillbirths) for the purposes of section 335(1) of the Act; and\n  - the notice of a delivery attended by a midwife for the purposes of section 335(5)(b) of the Act.\n- The regulation is short: it contains the citation (its name) and one operative rule (regulation 4) that directs midwives to use Form 2. The Schedule contains Form 2. Previous forms and a now-omitted provision have been deleted by later amendments.\n\n**Who this affects**\n\n- Midwives practising in Western Australia — including hospital-employed and independent/community midwives — who attend births or deliveries.\n- The relevant health authority or registry that receives those prescribed notifications (the body that administers s. 335 of the Act).\n\n**How it works in practice**\n\n- When a midwife attends a birth or delivery (living, premature, full term or stillbirth), the midwife must fill out and supply the notification/report in the exact format of Form 2 in the Schedule.\n- The regulation does not itself set timing, penalties or the recipient agency; those operational matters are governed by the referenced sections of the Health (Miscellaneous Provisions) Act 1911 (section 335). This regulation only prescribes the form to be used.\n\n**Why the prescription of a standard form matters (claimed purpose and practical effects)**\n\n- The stated purpose (implicit in the regulation) is to standardise the information midwives supply when notifying births/deliveries so that notifications under the Act are consistent and can be processed by the health authority.\n- Practical effects and trade-offs:\n  - Costs and who pays: The direct cost is administrative time for midwives to complete the prescribed form and for the receiving agency to process it. That cost falls on midwives and on the health authority. There is no change to clinical practice mandated beyond completion of the form.\n  - Incentives and behaviour: Midwives must integrate the form into their recordkeeping and reporting workflows; independent midwives may need to change their existing templates or systems to match the prescribed form.\n  - Implementation risk and compliance burden: The burden is low-to-moderate (a one-off integration task plus ongoing completion). Risk arises if the form changes and stakeholders are not informed in time, or if the form lacks fields needed by existing systems. The regulation itself delegates timing, recipients, and sanctions to the primary Act, so practical enforcement and processing depend on administrative practice under that Act.\n  - Effects on private enterprise and choice: The regulation applies equally to public and private midwives. It does not restrict who may provide midwifery services, nor does it set fees or clinical rules; it only prescribes notification format. The main effect on private businesses (for example, independent midwifery practices) is a recordkeeping compliance cost.\n  - Concentrated benefits and diffuse costs: Benefits (consistent, standardised data for health administration) are concentrated for the health authority; costs (time completing the form) are dispersed across midwives.\n\n**Relevant provisions in this instrument**\n\n- Regulation 4 — prescribes Form 2 for the specified notifications under s. 335 of the Act.\n- Schedule — contains Form 2 (the actual notification/report template). The compilation notes show multiple amendments updating or replacing forms over time.\n\n**Net practical summary**\n\nThis is a narrowly focussed regulation: it does not change substantive rights or clinical obligations. It standardises the paperwork midwives must use to notify births and deliveries to the health authority under the Health (Miscellaneous Provisions) Act 1911. The main practical impact is an administrative compliance requirement for midwives and a standardised input for the health department's recordkeeping and statistical processes."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original intent. The legislative text is inaccessible due to a broken or retired URL on the Western Australian legislation website. No comparison between original and current provisions is possible."},"complexity_factors":["Legislative text is entirely unavailable — the source page has been taken offline","No provisions, definitions, schedules, or operative clauses can be assessed","Complexity cannot be meaningfully rated without access to the actual content","Score of 1 reflects absence of analysable material, not simplicity of the law itself"],"plain_english_summary":"This regulation (WA, 1994) appears to have set notification duties for midwives, requiring them to report certain childbirth-related events to health authorities. It would primarily affect registered midwives and the hospitals or birthing centres where they practise.\n\nBecause the text is unavailable, confirm the current law with the Parliamentary Counsel’s Office."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-notifications-by-midwives-regulations-1994","history":"/api/acts/health-notifications-by-midwives-regulations-1994/history","analysis":"/api/acts/health-notifications-by-midwives-regulations-1994/analysis","conflicts":"/api/acts/health-notifications-by-midwives-regulations-1994/conflicts","importantCases":"/api/acts/health-notifications-by-midwives-regulations-1994/important-cases","documents":"/api/acts/health-notifications-by-midwives-regulations-1994/documents"}}