What it does
The Health (Miscellaneous Provisions) Act 1911 (the Act) establishes a comprehensive statutory framework for the protection and promotion of public health in Western Australia. At its core, it allocates responsibilities between the Minister (s.7), the Chief Health Officer (s.12, s.16), the CEO (s.13A) and local governments (s.26, Division 2 of Part II) to prevent and abate risks to health. The Act operates as enabling legislation, empowering the making of regulations (s.341) and local laws (s.342, s.134, s.199) while preserving common law rights and other statutory remedies (s.5(2)-(4)).
Structurally, the Act is divided into 15 Parts. Part I contains preliminary provisions, including an expansive interpretation section (s.3) defining 50+ terms such as "infectious disease", "nuisance", "sewage", "offensive trade" and "prescribed". Savings provisions (s.5) ensure the Act is cumulative with other laws, and s.6 permits suspension of operation by proclamation. Part II deals with administration, conferring ministerial control (s.39), delegation powers (s.13A) and default mechanisms where local governments fail in their duties (s.35, allowing mandamus or appointment of an agent).
Financial powers are centralised in Part III, authorising health rates (s.40), sanitary rates (s.41), borrowing (s.44) and application of Local Government Act 1995 rating provisions (s.46). These rates fund the sanitary and preventive works mandated elsewhere. Part IV is the longest and most operationally dense, covering sewerage and drainage schemes (Division 1, ss.53-71), connections to sewers (Division 2, ss.72-94), disposal of sewage (Division 3), sanitary conveniences (Division 4, ss.99-111), scavenging (Division 5), water pollution (Division 7, ss.129-132), morgues (Division 8) and local laws (Division 9, s.134). Key mechanisms include Governor approval for schemes (s.55), compulsory connections (s.72, s.81), prohibitions on injurious matter entering sewers (s.93) and requirements for houses to have sanitary conveniences (s.99).