{"id":"health-skin-penetration-procedure-regulations-1998","name":"Health (Skin Penetration Procedure) Regulations 1998","slug":"health-skin-penetration-procedure-regulations-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176818,"registerId":"wa-health-skin-penetration-procedure-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Skin Penetration Procedure) Regulations 1998","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Skin Penetration Procedure) Regulations 1998\n\nWestern Australia\n\nHealth (Skin Penetration Procedure) Regulations 1998\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Application 2\n\n5. Regulations to operate as local laws 3\n\n6. Owner of an establishment to notify local government 3\n\n7. Adoption of Code 3\n\n8. Compliance with the Code 4\n\n9. Infectious diseases 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Skin Penetration Procedure) Regulations 1998\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health (Skin Penetration Procedure) Regulations 1998* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation on 1 June 1998.\n\n##### 3. Interpretation\n\nIn these regulations, unless the context otherwise requires —\n\n  client means a person on whom a skin penetration procedure is being, or is to be carried out, whether or not for fee, gain or reward;\n\ndentist means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;\n\n  establishment means a premises or place or a portion of a premises or place where a skin penetration procedure is, or is intended to be, carried out in the ordinary course of a practice;\n\nmedical practitioner means a person who is registered under the *Health Practitioner Regulation National Law (Western Australia)* in the medical profession;\n\nnurse means a person who is registered under the *Health Practitioner Regulation National Law (Western Australia)* in the nursing profession;\n\n  operator means a person who carries out or intends to carry out a skin penetration procedure;\n\n  owner, in relation to an establishment, means —\n\n(a) the owner of the establishment; or\n\n(b) if the owner is not the occupier of the establishment — the occupier;\n\npodiatrist means a person who is registered under the *Health Practitioner Regulation National Law (Western Australia)* in the podiatry profession;\n\n  skin penetration procedure means a procedure in which —\n\n(a) the skin is cut, punctured, torn or shaved; or\n\n(b) mucous membrane is cut, punctured or torn.\n\n[Regulation 3 amended: Gazette 1 Apr 2011 p. 1179; 13 Nov 2018 p. 4429.]\n\n##### 4. Application\n\n(1) These regulations do not apply to a skin penetration procedure carried out by —\n\n(a) a medical practitioner or a dentist, where the procedure is carried out in the practice of medicine or dentistry, respectively;\n\n(b) a person acting under the direction or supervision of a medical practitioner or dentist, where the procedure is carried out for the purpose of the practice of medicine or dentistry, respectively;\n\n(c) a podiatrist or nurse where the procedure is carried out in the practice of podiatry or nursing, respectively.\n\n(2) These regulations do not apply to a place that is, or is intended to be, used solely as a surgery by a medical practitioner or a dentist.\n\n[Regulation 4 amended: Gazette 1 Apr 2011 p. 1180.]\n\n##### 5. Regulations to operate as local laws\n\nThese regulations apply to all districts as if they were local laws made under the Act.\n\n##### 6. Owner of an establishment to notify local government\n\nThe owner of an establishment must notify the local government of the area in which the establishment is, or is to be, situated of the name and address of the establishment or the intended name and address of any proposed establishment.\n\nPenalty:\n\n(a) in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;\n\n(b) in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and\n\n(c) in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.\n\n##### 7. Adoption of Code\n\n(1) Under the *Health (Miscellaneous Provisions) Act 1911* section 344A(1), the Code of Practice for Skin Penetration Procedures published by the Chief Health Officer, and amended from time to time, under the *Health (Miscellaneous Provisions) Act 1911* section 344A(2) (referred to in these regulations as the Code) is adopted in whole.\n\n(2) Under the *Health (Miscellaneous Provisions) Act 1911* section 344A(3), the office of the Environmental Health Services of the Health Department of Western Australia, Grace Vaughan House, 227 Stubbs Terrace, Shenton Park, Perth is prescribed as the place at which the Code is available for public inspection, without charge, during normal office hours.\n\n[Regulation 7 amended: Gazette 10 Jan 2017 p. 282.]\n\n##### 8. Compliance with the Code\n\n(1) An owner of an establishment who does not ensure that the establishment complies with the Code commits an offence under these regulations.\n\nPenalty:\n\n(a) in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;\n\n(b) in the case of a second offence — a penalty which is not less than $200 and not more than $1 000;\n\n(c) in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000; and\n\n(d) in the case of a continuing offence — a daily penalty which is not more than $100 and not less than $50.\n\n(2) The owner of an establishment who does not ensure that a skin penetration procedure carried out on the establishment is carried out in accordance with the Code commits an offence under these regulations.\n\nPenalty:\n\n(a) in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;\n\n(b) in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and\n\n(c) in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.\n\n(3) An operator who does not carry out a skin penetration procedure in accordance with the Code commits an offence under these regulations.\n\nPenalty:\n\n(a) in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;\n\n(b) in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and\n\n(c) in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.\n\n##### 9. Infectious diseases\n\nA person who knows or could reasonably have been expected to know that he or she is or may be suffering from an infectious disease must not permit an operator to carry out a skin penetration procedure on the person unless the person has told the operator that the person has or may have the disease.\n\nPenalty:\n\n(a) in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;\n\n(b) in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and\n\n(c) in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.\n\n[**10.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\nNotes\n\n1 This is a compilation of the *Health (Skin Penetration Procedure) Regulations 1998* 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 (Skin Penetration Procedure) Regulations 1998* | 17 Mar 1998 p. 1415‑16 | 1 Jun 1998 (see r. 2) |\n| **Reprint 1: The *Health (Skin Penetration Procedure) Regulations 1998* as at 14 May 2004** | | |\n| *Health (Skin Penetration Procedure) Amendment Regulations 2011* | 1 Apr 2011 p. 1179‑80 | 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 Regulations Amendment (Public Health) Regulations 2016* Pt. 22 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Health Regulations Amendment Regulations 2018* Pt. 2 | 13 Nov 2018 p. 4428‑31 | 1 Dec 2018 (see r. 2(b)) |\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\nclient 3\n\ndentist 3\n\nestablishment 3\n\nmedical practitioner 3\n\nnurse 3\n\noperator 3\n\nowner 3\n\npodiatrist 3\n\nskin penetration procedure 3\n\nthe Code 7(1)\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating skin penetration procedures for public health purposes. The amendments shown in the compilation table (2011, 2017, 2018) appear to be technical updates—primarily updating professional registration references to the national scheme and administrative changes—rather than expansions of scope. The core regulatory mechanism (adopting the Code of Practice) and the exemption for medical professionals have remained consistent since 1998."},"complexity_factors":["Short length: only 9 substantive regulations plus citation and commencement provisions","Minimal cross-referencing: only references to the enabling Act (Health (Miscellaneous Provisions) Act 1911) and the National Law for professional registrations","Straightforward structure: definitions, application, adoption of external code, offences with penalties","Simple conditional logic: basic exemptions for medical professionals in regulation 4, escalating penalty structure based on offence history","External incorporation: the actual operational requirements are in an adopted Code of Practice rather than the regulations themselves, making the legislative text shorter but creating a two-layer compliance system","Only 9 defined terms in the interpretation section"],"plain_english_summary":"These regulations set health and safety rules for businesses and people who perform procedures that break the skin—such as tattooing, piercing, acupuncture, and electrolysis—in Western Australia.\n\n**Who it affects:**\n- **Owners** of tattoo parlours, piercing studios, and similar businesses (called \"establishments\")\n- **Operators**—the people actually doing the tattooing, piercing, or other skin penetration work\n- **Clients**—the people receiving these services\n- **Local governments**—who enforce these rules as if they were local laws\n\n**What it does:**\n- **Requires notification:** Business owners must tell their local council about their establishment.\n- **Adopts a Code of Practice:** The regulations automatically include a detailed hygiene and safety code written by the Chief Health Officer. This code covers things like sterilising equipment, cleanliness, and infection control. The code can be updated without changing these regulations.\n- **Makes compliance mandatory:** Both business owners and individual operators must follow the code. Owners are responsible for making sure their premises and staff comply.\n- **Protects against disease spread:** Clients who know (or should know) they have an infectious disease must tell the operator before getting a procedure done.\n\n**Who is exempt:**\nThe rules don't apply to medical professionals—doctors, dentists, podiatrists, and nurses—when they're doing procedures as part of their normal medical, dental, or nursing practice. This means a doctor giving you a vaccination or a dentist doing oral surgery doesn't have to follow these specific rules.\n\n**Penalties:**\nFines increase for repeat offences, ranging from $100–$1,000 for first offences up to $500–$1,000 for third or subsequent offences. Continuing offences (like keeping an unclean shop open day after day) can attract daily fines of $50–$100.\n\n**Why it matters:**\nThese rules protect public health by ensuring that anyone breaking the skin for cosmetic or non-medical reasons follows strict hygiene standards. This reduces the risk of blood-borne diseases like hepatitis and HIV spreading through contaminated equipment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument defines its own scope and exemptions (r.4), adopts an external Code (r.7) and prescribes notification, compliance and penalty rules (rr.6,8,9). There is no text in the regulations indicating an expansion or contraction of scope beyond those stated provisions."},"complexity_factors":["Cross‑reference to an externally published Code of Practice adopted in whole (r.7) — substantive rules kept outside the regulations","Multiple defined terms drawn from the Health Practitioner Regulation National Law and the regulations (r.3) creating dependency on other instruments","Clear exemptions for registered medical, dental, nursing and podiatry practice (r.4) which narrow application","Tiered penalty structure with repeat and continuing‑offence (daily) penalties (rr.6,8,9)","Regulations operate as local laws across districts (r.5) — administrative reach rather than procedural complexity"],"plain_english_summary":"These regulations set safety rules for premises and people carrying out skin‑penetration procedures (procedures that cut, puncture or tear skin or mucous membrane). Owners must notify local government, the Chief Health Officer’s Code of Practice is adopted and mandatory, and breaches by owners or operators attract escalating fines; clients who know they may have an infectious disease must tell the operator (rr.3,6–9).\n\nOwners bear compliance costs and fine risk; operators must follow the adopted Code; local government is notified and the Chief Health Officer issues and updates the Code (r.7)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The title suggests a focused regulatory instrument dealing specifically with skin penetration procedures, which is consistent with a narrow, sector-specific scope, but this cannot be confirmed without access to the actual document."},"complexity_factors":["Legislative text is entirely unavailable — only a website error page was provided","No substantive provisions, definitions, schedules, or operative clauses can be assessed","Complexity score reflects inability to analyse content, not simplicity of the underlying law"],"plain_english_summary":"The Health (Skin Penetration Procedure) Regulations 1998 (WA) is a Western Australian regulation that governs procedures that break the skin (e.g., tattooing, piercing, acupuncture and similar services) by prescribing hygiene and safety standards to reduce infection and injury. It primarily affects practitioners, businesses operating premises for those services, and their clients.\n\nThe regulation’s text is currently unavailable online; consult WA legislation sources for the operative provisions."}},"importantCases":[],"_links":{"self":"/api/acts/health-skin-penetration-procedure-regulations-1998","history":"/api/acts/health-skin-penetration-procedure-regulations-1998/history","analysis":"/api/acts/health-skin-penetration-procedure-regulations-1998/analysis","conflicts":"/api/acts/health-skin-penetration-procedure-regulations-1998/conflicts","importantCases":"/api/acts/health-skin-penetration-procedure-regulations-1998/important-cases","documents":"/api/acts/health-skin-penetration-procedure-regulations-1998/documents"}}