946 GOVERNMENT GAZETTE, WA 25 January 2017
Division 6—European wasps
6.18 Interpretation
European wasp means a wasp Vespula germanica.
6.19 Measures to be taken to keep premises free from European wasp nests
(1) An owner or occupier of premises shall ensure that the premises are kept free from European
Wasp nests and shall—
(a) follow any direction of an Environmental Health Officer for the purpose of destroying the
European Wasps and their nest; and
(b) assist an Environmental Health Officer to trace any nest that may be present in, on or about
the premises.
Division 7—Arthropod vectors of disease
6.20 Interpretation
arthropod vectors of disease includes—
(a) fleas (Siphonaptera);
(b) bedbugs (Cimex lectularius);
(c) crab lice (Phthirius pubis);
(d) body lice (Pediculus humanus humanus); and
(e) head lice (Pediculus humanus capitis).
6.21 Responsibility of the owner or occupier
The owner or occupier of premises shall—
(a) keep the premises and any person residing in or on the premises, free from any arthropod
vectors of disease; and
(b) comply with the direction of an Environmental Health Officer to treat the premises, or
anything on the premises, for the purpose of destroying any arthropod vectors of disease.
PART 7—INFECTIOUS DISEASES
Division 1—General provisions
7.1 Requirements for an owner or occupier to clean, disinfect and disinfest.
(1) The local government or an Environmental Health Officer may, by notice in writing, direct an
owner or occupier of premises, within the time and in the manner specified in the notice, to clean,
disinfect and disinfest—
(a) the premises; or
(b) such things in or on the premises as are specified in the notice,
or both, to the satisfaction of an Environmental Health Officer.
(2) An owner or occupier shall comply with a notice given under subclause (1).
7.2 Direction to disinfect or disinfest premises
(1) Where the Chief Executive Officer or the Medical Officer is satisfied that any case of infectious
disease has occurred on any premises, the Chief Executive Officer or the Medical Officer may direct
an owner or occupier to disinfect and disinfest the premises or any part of the premises and anything
in or on the premises.
(2) Where in the opinion of the Chief Executive Officer or the Medical Officer, where the owner or
occupier directed in subclause (1) does not disinfect or disinfest the premises in a reasonable period or
where as a matter of urgency, the premises or any part of the premises and anything in or on the
premises must be disinfected or disinfested. An owner or occupier of premises shall permit, and
provide access to enable, an Environmental Health Officer, other local government officer or other
person to carry out the direction given under subclause (1);
(3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the
work under this clause from the owner or occupier of the premises in or on which the work was
carried out.
(4) The local government shall not be liable to pay compensation or damages of any kind to the owner
7.3 Insanitary houses, premises and things
(1) An owner or occupier of any house or premises shall maintain the house or premises free from any
insanitary condition or thing.
(2) Where an Environmental Health Officer considers that a house is insanitary, the officer may, by
notice in writing, direct an owner of the house, within the time and in the manner specified in the
notice, to amend the house.
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(3) Where an Environmental Health Officer considers that—
(a) a house or premises is not being maintained in a sanitary condition; or
(b) any thing is insanitary,
the officer may, by notice in writing, direct, as the case may be—
(i) the owner or occupier of the house or premises to amend any insanitary condition; or
(ii) the owner or occupier of the thing to destroy or amend it,
within the time and in the manner specified in the notice.
(4) A person to whom a notice has been given under subclauses (2) or (3) shall comply with the terms
of the notice.
7.4 Persons in contact with an infectious disease sufferer
If a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the
house or any person who enters or leaves the house—
(a) shall obey such instructions or directions as the local government or the Medical Officer may
issue;
(b) may be removed, at the direction of the local government or the Medical Officer to isolation in
an appropriate place to prevent or minimise the risk of the infection spreading and if so
removed, shall remain in that place until the Medical Officer otherwise directs.
7.5 Declaration of infected house or premises
(1) To prevent or check the spread of infectious disease, the local government or the Medical Officer
may from time to time declare any house or premises to be infected.
(2) A person shall not enter or leave any house or premises declared to be infected without the written
consent of the Medical Officer or an Environmental Health Officer.
7.6 Destruction of infected animals
(1) An Environmental Health Officer, upon being satisfied that an animal is or may be infected or is
liable to be infected or to convey infection may, by notice in writing, direct that the animal be
examined by a registered veterinary officer and that all steps be taken to enable the condition to be
controlled or eradicated or the animal destroyed and disposed of—
(a) in the manner and within the time specified in the notice; and
(b) by the person in whose possession, or upon whose premises, the animal is located.
(2) A person who has in his or her possession or upon premises occupied by him or her, an animal
which is the subject of a notice under subclause (1) shall comply with the terms of the notice.
7.7 Disposal of a body
(1) An occupier of premises in or on which is located the body of a person who has died of any
infectious disease shall, subject to subclause (2), cause the body to be buried or disposed of in such
manner, within such time and with such precautions as may be directed by the Medical Officer.
(2) A body shall not be removed from premises where death occurred except to a morgue.
7.8 The local government may carry out work and recover costs
(a) a person is required under this Division or by a notice given under this Division, to carry out
any work; and
that person commits an offence and the local government may carry out the work or arrange for the
work to be carried out by another.
(2) The costs and expenses incurred by the local government in the execution of a power under this
clause may be recovered in a court of competent jurisdiction from the person referred to in
subclause (1)(a).
Division 2—Disposal of used condoms and needles
7.9 Disposal of used condoms
(1) An occupier of premises on or from which used condoms are produced shall ensure that the
condoms are—
(a) placed in a sealed impervious container and disposed of in a sanitary manner; or
(b) disposed of in such a manner as may be directed by the local government.
(2) A person shall not dispose of a used condom in a public place except in accordance with
7.10 Disposal of used needles
A person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed
in an impenetrable, leak-proof container and deposited in a refuse receptacle.
948 GOVERNMENT GAZETTE, WA 25 January 2017
PART 8—LODGING HOUSES
Division 1—Registration
8.1 Interpretation
(1) In this Part, unless the context otherwise requires—
bed means a single sleeping berth only, and a double bed provided for the use of couples has the
same floor space requirements as two single beds;
bunk means a sleeping berth comprising one of two beds arranged vertically;
dormitory means a building or room utilised for sleeping purposes at a short term hostel or a
recreational campsite;
Food Standards Code means the Australia New Zealand Food Standards Code as defined in the
Food Standards Australia New Zealand Act 1991 (Cth);
keeper means a person whose name appears on the register of keepers, in respect of a lodging
house, as the keeper of that lodging house;
laundry unit means a group of facilities consisting of—
(a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing;
(b) one wash trough of not less than 36 litres capacity, connected to both hot and cold
water;
(c) either an electric drying cabinet or not less than 30 metres of clothes line; and
(d) a hot water system that—
(i) is capable of delivering an adequate supply of water at a temperature of at least
65 degrees Celsius for each washing machine provided with the communal
facilities; and
(ii) has a delivery rate of not less than 0.076 litres per second to each washing
machine;
lodger means a person who obtains, for hire or reward, board or lodging in a lodging house;
lodging house includes a recreational campsite, a serviced apartment, a short term hostel and
any premises used for transient workforce accommodation;
manager means a person duly appointed by the keeper in accordance with this Division to reside
in, and have the care and management of, a lodging house;
motel means premises used to accommodate patrons in which specific provision is made for the
accommodation of patrons with motor vehicles;
recreational campsite means a lodging house—
(a) situated on a campsite principally used for—
(i) recreational, sporting, religious, ethnic or educational pursuits; or
(ii) conferences or conventions; and
(b) where the period of occupancy of any lodger is not more than 14 consecutive days, and
includes youth camps, youth education camps, church camps and riding schools but
does not include a camp or caravan within the meaning of the Caravan Parks and
Camping Grounds Act 1995;
register of lodgers means the register kept in accordance with section 157 of the Act and this
Part;
resident means a person other than a lodger, who resides in a lodging house;
serviced apartment means a lodging house in which each sleeping apartment, or group of
sleeping apartments in common occupancy, is provided with its own sanitary conveniences
and may have its own cooking facilities and includes a motel;
short term hostel means a lodging house where the period of occupancy of any lodger is not more
than 14 consecutive days and includes a youth hostel or a backpacker hostel.
(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging
house, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing
the act to be done, or of preventing the act so forbidden from being done, as the case may be.
8.2 Lodging house not to be kept unless registered
A person shall not keep or cause or allow to be kept a lodging house unless—
(a) the lodging house is constructed in accordance with the requirements of this Part;
(b) the lodging house is registered by the local government under clause 8.4;
(c) the name of the person keeping or proposing to keep the lodging house is entered in the
register of keepers; and
(d) when required by the local government either—
(i) the keeper; or
(ii) a manager who, with the written approval of an Environmental Health Officer, has
been appointed by the keeper to have the care and management of the lodging house,
resides or intends to reside continuously in the lodging house whenever there is one or more lodgers
in the lodging house.
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8.3 Application for registration
(1) An application for registration of a lodging house shall be—
(a) in the form approved by the local government from time to time;
(b) duly completed and signed by the proposed keeper; and
(c) accompanied by—
(i) the approved fee as fixed from time to time by the local government under section 344C
of the Act; and
(ii) detailed plans and specifications of the lodging house.
8.4 Approval of application
The local government may approve, with or without conditions, an application for registration of a
lodging house by issuing to the applicant a certificate of registration in the form approved by the local
government from time to time.
8.5 Renewal of registration
(1) A person who keeps a lodging house which is registered under this Part shall—
(a) during the month of June in each year apply to the local government for the renewal of the
registration of the lodging house in the form approved by the local government from time to
time; and
(b) pay the approved fee as fixed from time to time by the local government under section 344C of
the Act at the time of making each application for renewal.
8.6 Notification upon sale or transfer
If the owner of a lodging house sells or transfers, or agrees to sell or transfer, the lodging house to
another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the
local government, in the form approved by the local government from time to time, written notice of
the full name, address and occupation of the person to whom the lodging house has been, or is to be,
sold or transferred.
8.7 Revocation of registration
(1) Subject to subclause (3), the local government may, at any time, revoke the registration of a
lodging house for any reason which, in the opinion of the local government, justifies the revocation.
(2) Without limiting the generality of subclause (1), the local government may revoke a registration
upon any one or more of the following grounds—
(a) that the lodging house has not, to the satisfaction of the local government, been kept free
from vectors of disease or remained in a clean and sanitary condition;
(b) that the keeper has—
(i) been convicted of an offence against this local law in respect of the lodging house;
(ii) not complied with a requirement of this Part; or
(iii) not complied with a condition of registration;
(c) that the local government, having regard to a report from the Police, is satisfied that the
keeper or manager is not a fit and proper person; and
(d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of
the lodging house is such as to render it, in the opinion of the local government, unfit to
remain registered.
(3) Before revoking the registration of a lodging house under this local law, the local government shall
give notice to the keeper requiring him or her, within a time specified in the notice, to show cause why
the registration should not be revoked.
(4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper
notice of the revocation and the registration shall be revoked as from the date on which the notice is
served on the keeper.
Division 2—Construction and use requirements
8.8 General construction requirements
The construction of a lodging house shall comply with the Building Code and the Act.
8.9 Sanitary conveniences
(1) A keeper shall maintain in good working order and condition and in convenient positions on the
premises—
(a) toilets; and
(b) bathrooms, each fitted with a hand wash basin and either a shower or a bath;
in accordance with the requirements of the Building Code.
(2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers
or residents shall not be counted for the purposes of subclause (1).
(3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold
water.
Section 946 - Health Local Law 2016 - GOVERNMENT GAZETTE, WA 25 January 2017 | Zoe