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Western Australia act
**What this law does (mechanics first)
Creates a comprehensive regulatory framework for public health in Western Australia covering: sanitation and sewerage; removal and disposal of refuse; standards and approvals for public buildings; nuisances and offensive trades; dwelling standards and lodging‑houses; registration and control of pesticides and analysts; analytical services; reporting and review of certain deaths; and powers for enforcement, offences and penalties (see Parts IV, V, VI, VII, VIIA, VIIIA, XIIIA–XIIIC, XIV and XV).
Assigns decision‑makers and delegations. The Minister, the CEO, and the Chief Health Officer (CHO) hold central powers and may delegate many functions to departmental officers; the CHO and authorised officers may exercise local‑government powers state‑wide in certain circumstances (see ss. 7, 8, 12, 13A, 16, 39).
Gives local governments specific duties and powers. Local governments must carry out sanitation, sewerage and refuse services and may levy dedicated health and sanitary rates, impose charges, borrow for works, and require premises to connect to sewers (see ss. 26, 40–42, 44–46, 72–75, 106, 112).
Sets enforcement tools. Authorised officers may enter and inspect premises (s. 349), issue notices and requisitions to abate nuisances (ss. 181, 184), require connection to sewers and installation of fittings (ss. 72–74, 81), and close or restrict public buildings (ss. 176–179). Offences carry tiered penalties and possible daily fines (ss. 360–361 and Schedule 5).
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Direct links to the current provisions in Health (Miscellaneous Provisions) Act 1911.
Division 1 — The Minister, CEO and Chief Health Officer
Minister 12
Minister to be body corporate 12
Powers of Chief Health Officer and authorised officers 13
13A. CEO and Chief Health Officer may delegate 14
Chief Health Officer may act where no local government 15
Expenditure to be paid out of appropriated moneys 15
Division 2 — Local governments
Annexation 15
District may include water 16
Powers of local government 16
Proceedings on default of local government 17
Review of orders and decisions of local governments by SAT 18
Local governments to report annually 19
Division 3 — The exercise of ministerial control
Part III — Financial
Power to levy general health rate 21
Sanitary rate 22
Supplementary rates 23
Borrowing powers 23
Special loan rate 25
Application of rating provisions of Local Government Act 1995 26
Health rate to be regarded in determining borrowing powers 26
Time for giving notice of rate may be extended 27
Accounts and audit 27
Financial adjustment 27
Part IV — Sanitary provisions
Division 1 — Sewerage and drainage schemes
Sewers vested in local government 29
Power of local government to construct and maintain sewers 29
Governor’s approval necessary to all schemes 30
Power to do acts preliminary to formulating scheme 31
Notice of plans and specifications 31
Objections 32
Copies of plans and specifications to be available for inspection 33
Conditions on which Minister may recommend scheme to Governor 33
Apportionment of costs and maintenance of joint schemes 34
Powers of local government in carrying out works 34
Recovery of cost of limited schemes from owners of premises served 36
63A. Interpretation 37
Agreements for recouping costs and paying maintenance in case of limited schemes 37
Power to acquire land 40
Duty of local government where street broken up 40
Interfering with works of other authorities 41
Alteration of sewerage works 41
Ventilating shafts etc. may be attached to walls and buildings 42
Maps of systems to be kept 42
Sewers to be kept cleansed 42
Division 2 — Connection of premises to drains and sewers of local government
Owners or occupiers may be compelled to connect premises when works complete 43
Notice to owner or occupier to carry out installation of fittings 44
Where local government makes installations it may enter into agreements with persons responsible for payment of cost 45
Right of owner or occupier to connect drains with sewer 45
Owner or occupier of land outside district may connect sewer on conditions imposed by local government 46
Restrictions on construction or alteration of certain drains and fittings 46
Owner or occupier responsible for cleaning private drains 47
Obstructing or encroaching on sewers 47
Local government may enforce drainage of undrained houses 48
Owner may be required to connect premises with public sewer 49
Buildings without drains 50
82A. Where local government makes connections with sewers it may enter into agreement with person responsible for payment of cost 51
Making sewers and drains under private land 51
Recovery of expenses incurred by local government 53
Dwelling‑houses on low lying land 53
Filling up low lying land 54
Stagnant water holes 55
Stagnant water in cellars etc. 55
Paving and asphalting of cellars 56
Brickmaking and other excavations to be fenced 57
Storm water to be allowed its natural channel 57
Unauthorised building over sewers and under streets 58
Injurious matter not to pass into sewers 58
Chemical refuse, steam etc. not to be turned into sewers 59
Division 3 — Disposal of sewage
Disposing of sewage 59
Communication of sewers with sewers of adjoining district 60
Dealing with land appropriated to sewage purposes 60
Punishment for placing sewage in streets etc. 61
Division 4 — Sanitary conveniences
Houses to have sanitary conveniences 61
Provision of apparatus for treatment of sewage 63
Sanitary conveniences for workshops etc. 64
Sanitary conveniences in connection with works 65
Persons to carry out sanitary work in certain cases 65
Earth‑closets 66
Public sanitary conveniences 66
Power to make pan charges 66
Drains, privies etc. to be properly kept 68
107A. Articles in use in construction or operation of sewers etc. to be of prescribed standard 70
Examination of drains etc. 70
Local government may require filling up of certain cesspools 71
New cesspools for nightsoil forbidden 71
Local government may supply receptacles 72
Division 5 — Scavenging, cleansing, etc.
Local government to provide for removal of refuse and cleansing works 72
Power of contractor to recover 73
Obstruction or hindrance of certain works penalised 74
Procedure when local government undertakes work 74
Cleansing common courts and passages 75
Reserves for deposit of sewage, rubbish or refuse 76
Power to close depots 76
Building on sanitary depots 77
Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts 77
Access to sanitary reserves 79
Division 7 — Pollution of water
Pollution of water supply 80
Riparian rights 80
Sources of water supply may be closed 80
Power to seize and destroy pigs etc. trespassing on rivers etc. 81
Division 8 — Morgues
Division 9 — Local laws
Part V — Dwellings
Division 1 — Houses unfit for occupation
Dwellings unfit for habitation 90
Such house not to be let or occupied 90
Condemned building to be amended or removed 90
Land to be cleaned up after removal of house or building therefrom 91
Owner may be required to clean or repair house 91
Local government may act in default of owner 92
Penalty for erecting buildings on ground filled up with offensive matter 92
Occupying cellar dwellings 93
Plans of buildings to be submitted to local government 93
Building not erected as dwelling not to be converted into one 94
Authorised officer may order house or things to be cleansed 94
Division 2 — Lodging‑houses
Registers of lodging‑houses 95
Registration 95
Conditions of registration 96
Notice of registration to be affixed 96
Supply of water 96
Cleansing of walls etc. 97
Notification of disease 97
Inspection 97
Offences by keepers 98
Conviction for third offence 98
Lodging‑house keepers to report deaths 99
Register of lodgers to be kept 99
Local laws in respect of lodging‑house 100
Evidence as to family in proceedings 101
Part VI — Public buildings
Terms used 102
Application to Crown 103
Relationship to other laws 103
175A. Chief Health Officer may act in relation to major event 103
Approval of plans 104
Approval 104
Certificate of approval 105
Inspection and control of public buildings 105
Regulations 108
Part VII — Nuisances and offensive trades
Division 1 — Nuisances
Removal of offensive matter 110
Definition of nuisances 111
182A. Regulations as to section 182(13) 113
Immediate action in respect of nuisances 114
Mode of dealing with nuisances 114
Proceedings when nuisance caused by default outside district 115
Division 2 — Offensive trades
Term used: offensive trade 115
Consent necessary for establishing offensive trade 116
Penalty for breach 116
Penalty for illegally carrying on offensive trade 117
Local laws regulating offensive trades 117
Offensive trades to be registered 117
Local government may refuse to register or to renew registration 118
Power to restrict offensive trades to certain portions of proclaimed areas 118
Offensive trades 119
Construction, drainage and equipment of slaughter‑houses 120
Slaughter‑houses to be kept in accordance with Act 120
No swine, dog or poultry to be kept at slaughter‑house 121
Swine not to be fed on raw offal etc. 121
Division 3 — Local laws
Local laws in respect of nuisances and offensive trades 121
Regulations as to medical examinations for persons in prescribed industries 124
Part VIIA — Pesticides
Division 1 — Registration of analysts
Division 8 — Pesticides
246A. Crown bound, but Health Practitioner Regulation National Law (Western Australia) and Medicines and Poisons Act 2014 not affected by Division 8 126
246B. Pesticides Advisory Committee 127
246BA. General powers of Pesticides Advisory Committee 129
246C. Regulations relating to pesticides 129
Part VIIIA — Analytical services
247AA. Terms used 133
247A. Local Health Authorities Analytical Committee 133
247BA. Term of office and vacation of office 134
247B. Meetings and procedure of Analytical Committee 135
247C. Powers and functions of Analytical Committee 137
247D. Participation in scheme by local governments 138
247E. Application of Financial Management Act 2006 and Auditor General Act 2006 139
247F. Regulations as to Part VIIIA 139
Part IX — Infectious diseases
Division 1 — General provisions
Part IXA — Prevention and alleviation of certain non‑infectious disease processes and physical or functional abnormalities
289A. Objects of this Part 142
289B. Term used: prescribed condition of health 142
289C. Regulation as to Part IXA 142
289D. Powers conferred by this Part are cumulative 143
Part XII — Hospitals
Division 1 — Public hospital
324A. Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc. 144
Part XIIA — Community health centres, etc.
330A. Land may be acquired or leased for community health centres 146
330B. Local governments may subsidise certain medical centres 146
Part XIII — Child health and preventive medicine
Terms used 148
Application of Part to abortion 148
Regulations 149
Reports to be furnished 149
Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer 151
336A. Certain deaths of children to be reported to Chief Health Officer 153
336B. Death of persons under anaesthetic to be reported to Chief Health Officer 155
337A. Schools dental service 159
Part XIIIA — Maternal Mortality Committee
340A. Terms used 160
340B. Constitution and offices of Committee 160
340C. Appointment of deputies 161
340D. Nominations to be made to Minister 162
340E. Tenure of office 162
340F. When office of member becomes vacant 163
340G. Vacancies in offices of members to be filled 164
340H. Meetings and procedure of Committee 164
340I. Reimbursement of expenses of members of Committee 165
340J. Appointment of investigator 165
340K. Functions of Committee 166
340LA. Further provisions relating to proceedings of Committee 167
340LB. Contents of notification confidential 168
340L. When report of investigator may be published 168
340M. Information given for research not to be disclosed 169
Part XIIIB — Perinatal and Infant Mortality Committee
340AA. Terms used 170
340AB. Constitution and offices of Committee 170
340AC. Appointment of deputies 172
340AD. Nominations to be made to Minister 172
340AE. Tenure of office 173
340AF. When office of member becomes vacant 173
340AG. Vacancies in offices of members to be filled 175
340AH. Meetings and procedure of Committee 175
340AI. Reimbursement of expenses of members 176
340AJ. Appointment of investigator 176
340AK. Functions of Committee 177
340ALA. Further provisions relating to proceedings of Committee 178
340ALB. Contents of notification confidential 179
340AL. When report may be published 179
340AM. Information for research not to be disclosed 180
Part XIIIC — Anaesthetic Mortality Committee
340BA. Terms used 182
340BB. Constitution and offices of Committee 182
340BC. Appointment of deputies 184
340BD. Nominations to be made to Minister 184
340BE. Tenure of office 185
340BF. When office of member becomes vacant 185
340BG. Vacancies in offices of members to be filled 186
340BH. Meetings and procedure of Committee 187
340BI. Reimbursement of expenses of members 188
340BJ. Appointment of investigator 188
340BK. Functions of Committee 189
340BLA. Further provisions relating to proceedings of Committee 190
340BLB. Contents of notification confidential 191
340BL. When report may be published 191
340BM. Information for research not to be disclosed 191
Part XIV — Regulations and local laws
Regulations 193
Local laws 193
Model local laws 194
343A. Regulations to operate as local laws 194
343B. Governor may amend or repeal local laws 195
344A. Incorporation by reference 196
344B. Evidence of contents of standard etc. adopted 197
344C. Fees and charges may be fixed by resolution 197
Regulations to be confirmed 199
Evidence of local laws 199
348A. Proclamations etc. may be revoked or varied 200
Part XV — Miscellaneous provisions
Entry 201
Vessels 201
Obstructing execution of Act 202
Duty of police officers and authorised officers 203
Power to take possession of and lease land or premises on which expenses are due 204
Service of notice 204
Continued operation of notices and orders 206
Proof of ownership 206
Power to suspend or cancel licences 208
Prosecution of offences 208
No abatement 208
Penalties 209
General penalty 213
Proceedings for offence 213
Protection against personal liability 214
No officer to be concerned in contract 214
Recovery of expenses from local government 215
Contribution 215
Liability of owner and occupier under requisition or order 216
Penalty if owner or occupier hinders the other 217
Money owing to local government to be charge against land in certain cases 217
Provisions as to charge on land or premises 217
References to owner and occupier 219
Appearance of local governments in legal proceedings 219
Power to inspect register of births and deaths 219
Authentication of documents 220
Evidence 220
Regulations and local laws to be judicially noticed 222
Transitional provisions for Public Health (Consequential Provisions) Act 2016 222
Schedule 2
Offensive trades
Schedule 5
Penalties
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Health (Miscellaneous Provisions) Act 1911
Western Australia
Health (Miscellaneous Provisions) Act 1911
Contents
Part I — Preliminary
Short title and commencement 2
Terms used 2
Savings 10
Power to suspend operation of Act 11
Part II — Administration
Division 1 — The Minister, CEO and Chief Health Officer
Minister 12
Minister to be body corporate 12
Powers of Chief Health Officer and authorised officers 13
13A. CEO and Chief Health Officer may delegate 14
Chief Health Officer may act where no local government 15
Expenditure to be paid out of appropriated moneys 15
Division 2 — Local governments
Annexation 15
District may include water 16
Powers of local government 16
Proceedings on default of local government 17
Review of orders and decisions of local governments by SAT 18
Local governments to report annually 19
Division 3 — The exercise of ministerial control
Part III — Financial
Power to levy general health rate 21
Sanitary rate 22
Supplementary rates 23
Borrowing powers 23
Special loan rate 25
Application of rating provisions of Local Government Act 1995 26
Health rate to be regarded in determining borrowing powers 26
Time for giving notice of rate may be extended 27
Accounts and audit 27
Financial adjustment 27
Establishes specialist bodies and reporting regimes. The Act creates or preserves committees (Analytical Committee, Pesticides Advisory Committee, Maternal Mortality, Perinatal and Infant Mortality, Anaesthetic Mortality Committees) with powers to investigate, advise and produce confidential reports; it imposes mandatory reporting for certain births, deaths and other events on midwives, medical practitioners and others (see ss. 203, 246B–246C, Parts VIIIA, XIIIA–XIIIC, ss. 335–336B).
Enables regulation and local laws. The Governor, CHO and local governments may make regulations and local laws to implement standards, with mechanisms to adopt external standards by reference (ss. 341–344A, 343A).
Why this matters (official purpose and practical test)
Official rationale: the Act is aimed at preventing and remedying risks to public health (sanitation, infectious or non‑infectious conditions, occupational exposures, pesticide hazards, and safety of public gatherings). It sets duties, inspection powers, standards, funding mechanisms and enforcement tools to achieve that (Part I, Part IV, Part VII, Parts XII–XIIIC, Part XIV).
Who pays: costs are largely borne by local ratepayers (health and sanitary rates; ss. 40–41), by owners or occupiers required to connect or to remedy defects (ss. 73, 81, 99, 100), and sometimes by the State where loans are guaranteed (s. 44(d)). Where local governments undertake remedial work they may recover expenses from owners and register charges against land (ss. 73(3), 84, 371–372).
Who decides: the Minister, CHO, CEO and local governments exercise wide discretionary powers to set standards, approve works, levy rates/charges, order remedial action and prosecute offences. That discretion is implemented through regulations and local laws (ss. 7, 12, 13A, 39, 341–342).
Behaviour changes and compliance effects: owners, occupiers and businesses face obligations to provide sanitary conveniences, keep drains and premises in a non‑noxious condition, register offensive trades, obtain approvals for public buildings and comply with pesticide rules. Non‑compliance can trigger remedial works by the authority, recoverable costs, registration suspension and criminal penalties (see ss. 99–107, 186–196, 176–179, 246C, 357, 360).
Analytical lens — trade‑offs, incentives and implementation risks (with section pointers)
Concentrated benefits vs diffuse costs: specialised beneficiaries (for example, residents of a newly sewered area or operators of approved treatment plants) receive direct infrastructure benefits, while costs are spread across ratepayers via health/sanitary rates or special loan rates (ss. 40–47, 63–64). That creates potential local distributional disputes (s. 60 on objections; s. 61 on apportionment of joint schemes).
Compliance and administrative burden: premises owners, lodging‑house keepers and operators of offensive trades face inspection, registration, record‑keeping and possible capital works (ss. 146–158, 191–196, 107). Those requirements impose time and cost burdens that vary by business size and location.
Delegated discretion and capture risk: the Act gives broad discretion to local governments and the CHO to make local laws, impose charges, and direct works (ss. 26, 34–36, 134, 342). Where local lawmakers set fees or restrict activities, there is a risk decisions favour incumbent or organised interests unless checks (reviews, SAT review — s. 36) are used.
Funding and fiscal risk: local governments can borrow for sewerage works and the State may guarantee loans if desirable (s. 44). Guarantees lower borrowing costs for councils but transfer some financial risk to the State; borrower capacity and accurate revenue forecasts are necessary to avoid fiscal stress (s. 60(b) requires revenue justification for schemes).
Effects on private enterprise and competition: licensing, registration and location restrictions for offensive trades (ss. 187, 190, 193) limit where and how businesses can operate. These regulatory constraints raise compliance costs, can raise barriers to entry, and may change local prices for affected services. Regulations can also set product/label standards for pesticides (s. 246C) which affect manufacturers and suppliers.
Implementation complexity and operational risk: enforcement is split among multiple actors (local governments, CHO, authorised officers, police), relies on inspection capacity (s. 349), and creates numerous conditional pathways (notices, arbitration for certain disputes s. 64(4), State Administrative Tribunal review s. 36). Capacity gaps at local level increase the risk that rules are unevenly enforced.
Confidentiality vs transparency trade‑off in mortality reviews: statutory confidentiality protects case‑review processes (ss. 336(4)–(6), 336A(4)–(6), 336B(6)–(8), Parts XIIIA–XIIIC) to encourage clinician participation, while restricting admissibility of review materials in court (potentially limiting downstream legal scrutiny).
Overall, the Act sets a Victorian‑era sanitary framework that has been layered with modern public‑health functions by amendments: it centralises inspection and technical regulation while relying heavily on local governments for delivery and local funding (see s. 112 for scavenging/cleansing duties and ss. 40–44 for rating and borrowing). The principal mechanisms that allocate costs, powers and responsibilities are the levies and rates (ss. 40–41), CHO’s supervisory powers (s. 12), and local government execution and recovery powers (ss. 73, 84, 116, 140).
Primary sections to consult for practical effects: ss. 12, 39 (who decides); ss. 40–47, 44 (who pays/funding); ss. 72–75, 81, 99–107 (owner/occupier obligations); ss. 176–179 (public buildings); ss. 246C, 203 (pesticides/analysts); Parts XIIIA–XIIIC and ss. 335–336B (reporting and mortality reviews); ss. 349, 358, 360–361 (inspection, prosecution, penalties).
Sources of agency discretion and compliance checkpoints include the CHO approvals and directions, local laws (Part XIV), and regulations made under the Act (ss. 341–344A).**
Part IV — Sanitary provisions
Division 1 — Sewerage and drainage schemes
Sewers vested in local government 29
Power of local government to construct and maintain sewers 29
Governor’s approval necessary to all schemes 30
Power to do acts preliminary to formulating scheme 31
Notice of plans and specifications 31
Objections 32
Copies of plans and specifications to be available for inspection 33
Conditions on which Minister may recommend scheme to Governor 33
Apportionment of costs and maintenance of joint schemes 34
Powers of local government in carrying out works 34
Recovery of cost of limited schemes from owners of premises served 36
63A. Interpretation 37
Agreements for recouping costs and paying maintenance in case of limited schemes 37
Power to acquire land 40
Duty of local government where street broken up 40
Interfering with works of other authorities 41
Alteration of sewerage works 41
Ventilating shafts etc. may be attached to walls and buildings 42
Maps of systems to be kept 42
Sewers to be kept cleansed 42
Division 2 — Connection of premises to drains and sewers of local government
Owners or occupiers may be compelled to connect premises when works complete 43
Notice to owner or occupier to carry out installation of fittings 44
Where local government makes installations it may enter into agreements with persons responsible for payment of cost 45
Right of owner or occupier to connect drains with sewer 45
Owner or occupier of land outside district may connect sewer on conditions imposed by local government 46
Restrictions on construction or alteration of certain drains and fittings 46
Owner or occupier responsible for cleaning private drains 47
Obstructing or encroaching on sewers 47
Local government may enforce drainage of undrained houses 48
Owner may be required to connect premises with public sewer 49
Buildings without drains 50
82A. Where local government makes connections with sewers it may enter into agreement with person responsible for payment of cost 51
Making sewers and drains under private land 51
Recovery of expenses incurred by local government 53
Dwelling‑houses on low lying land 53
Filling up low lying land 54
Stagnant water holes 55
Stagnant water in cellars etc. 55
Paving and asphalting of cellars 56
Brickmaking and other excavations to be fenced 57
Storm water to be allowed its natural channel 57
Unauthorised building over sewers and under streets 58
Injurious matter not to pass into sewers 58
Chemical refuse, steam etc. not to be turned into sewers 59
Division 3 — Disposal of sewage
Disposing of sewage 59
Communication of sewers with sewers of adjoining district 60
Dealing with land appropriated to sewage purposes 60
Punishment for placing sewage in streets etc. 61
Division 4 — Sanitary conveniences
Houses to have sanitary conveniences 61
Provision of apparatus for treatment of sewage 63
Sanitary conveniences for workshops etc. 64
Sanitary conveniences in connection with works 65
Persons to carry out sanitary work in certain cases 65
Earth‑closets 66
Public sanitary conveniences 66
Power to make pan charges 66
Drains, privies etc. to be properly kept 68
107A. Articles in use in construction or operation of sewers etc. to be of prescribed standard 70
Examination of drains etc. 70
Local government may require filling up of certain cesspools 71
New cesspools for nightsoil forbidden 71
Local government may supply receptacles 72
Division 5 — Scavenging, cleansing, etc.
Local government to provide for removal of refuse and cleansing works 72
Power of contractor to recover 73
Obstruction or hindrance of certain works penalised 74
Procedure when local government undertakes work 74
Cleansing common courts and passages 75
Reserves for deposit of sewage, rubbish or refuse 76
Power to close depots 76
Building on sanitary depots 77
Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts 77
Access to sanitary reserves 79
Division 7 — Pollution of water
Pollution of water supply 80
Riparian rights 80
Sources of water supply may be closed 80
Power to seize and destroy pigs etc. trespassing on rivers etc. 81
Division 8 — Morgues
Division 9 — Local laws
Part V — Dwellings
Division 1 — Houses unfit for occupation
Dwellings unfit for habitation 90
Such house not to be let or occupied 90
Condemned building to be amended or removed 90
Land to be cleaned up after removal of house or building therefrom 91
Owner may be required to clean or repair house 91
Local government may act in default of owner 92
Penalty for erecting buildings on ground filled up with offensive matter 92
Occupying cellar dwellings 93
Plans of buildings to be submitted to local government 93
Building not erected as dwelling not to be converted into one 94
Authorised officer may order house or things to be cleansed 94
Division 2 — Lodging‑houses
Registers of lodging‑houses 95
Registration 95
Conditions of registration 96
Notice of registration to be affixed 96
Supply of water 96
Cleansing of walls etc. 97
Notification of disease 97
Inspection 97
Offences by keepers 98
Conviction for third offence 98
Lodging‑house keepers to report deaths 99
Register of lodgers to be kept 99
Local laws in respect of lodging‑house 100
Evidence as to family in proceedings 101
Part VI — Public buildings
Terms used 102
Application to Crown 103
Relationship to other laws 103
175A. Chief Health Officer may act in relation to major event 103
Approval of plans 104
Approval 104
Certificate of approval 105
Inspection and control of public buildings 105
Regulations 108
Part VII — Nuisances and offensive trades
Division 1 — Nuisances
Removal of offensive matter 110
Definition of nuisances 111
182A. Regulations as to section 182(13) 113
Immediate action in respect of nuisances 114
Mode of dealing with nuisances 114
Proceedings when nuisance caused by default outside district 115
Division 2 — Offensive trades
Term used: offensive trade 115
Consent necessary for establishing offensive trade 116
Penalty for breach 116
Penalty for illegally carrying on offensive trade 117
Local laws regulating offensive trades 117
Offensive trades to be registered 117
Local government may refuse to register or to renew registration 118
Power to restrict offensive trades to certain portions of proclaimed areas 118
Offensive trades 119
Construction, drainage and equipment of slaughter‑houses 120
Slaughter‑houses to be kept in accordance with Act 120
No swine, dog or poultry to be kept at slaughter‑house 121
Swine not to be fed on raw offal etc. 121
Division 3 — Local laws
Local laws in respect of nuisances and offensive trades 121
Regulations as to medical examinations for persons in prescribed industries 124
Part VIIA — Pesticides
Division 1 — Registration of analysts
Division 8 — Pesticides
246A. Crown bound, but Health Practitioner Regulation National Law (Western Australia) and Medicines and Poisons Act 2014 not affected by Division 8 126
246B. Pesticides Advisory Committee 127
246BA. General powers of Pesticides Advisory Committee 129
246C. Regulations relating to pesticides 129
Part VIIIA — Analytical services
247AA. Terms used 133
247A. Local Health Authorities Analytical Committee 133
247BA. Term of office and vacation of office 134
247B. Meetings and procedure of Analytical Committee 135
247C. Powers and functions of Analytical Committee 137
247D. Participation in scheme by local governments 138
247E. Application of Financial Management Act 2006 and Auditor General Act 2006 139
247F. Regulations as to Part VIIIA 139
Part IX — Infectious diseases
Division 1 — General provisions
Part IXA — Prevention and alleviation of certain non‑infectious disease processes and physical or functional abnormalities
289A. Objects of this Part 142
289B. Term used: prescribed condition of health 142
289C. Regulation as to Part IXA 142
289D. Powers conferred by this Part are cumulative 143
Part XII — Hospitals
Division 1 — Public hospital
324A. Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc. 144
Part XIIA — Community health centres, etc.
330A. Land may be acquired or leased for community health centres 146
330B. Local governments may subsidise certain medical centres 146
Part XIII — Child health and preventive medicine
Terms used 148
Application of Part to abortion 148
Regulations 149
Reports to be furnished 149
Death of woman as result of pregnancy or childbirth to be reported to Chief Health Officer 151
336A. Certain deaths of children to be reported to Chief Health Officer 153
336B. Death of persons under anaesthetic to be reported to Chief Health Officer 155
337A. Schools dental service 159
Part XIIIA — Maternal Mortality Committee
340A. Terms used 160
340B. Constitution and offices of Committee 160
340C. Appointment of deputies 161
340D. Nominations to be made to Minister 162
340E. Tenure of office 162
340F. When office of member becomes vacant 163
340G. Vacancies in offices of members to be filled 164
340H. Meetings and procedure of Committee 164
340I. Reimbursement of expenses of members of Committee 165
340J. Appointment of investigator 165
340K. Functions of Committee 166
340LA. Further provisions relating to proceedings of Committee 167
340LB. Contents of notification confidential 168
340L. When report of investigator may be published 168
340M. Information given for research not to be disclosed 169
Part XIIIB — Perinatal and Infant Mortality Committee
340AA. Terms used 170
340AB. Constitution and offices of Committee 170
340AC. Appointment of deputies 172
340AD. Nominations to be made to Minister 172
340AE. Tenure of office 173
340AF. When office of member becomes vacant 173
340AG. Vacancies in offices of members to be filled 175
340AH. Meetings and procedure of Committee 175
340AI. Reimbursement of expenses of members 176
340AJ. Appointment of investigator 176
340AK. Functions of Committee 177
340ALA. Further provisions relating to proceedings of Committee 178
340ALB. Contents of notification confidential 179
340AL. When report may be published 179
340AM. Information for research not to be disclosed 180
Part XIIIC — Anaesthetic Mortality Committee
340BA. Terms used 182
340BB. Constitution and offices of Committee 182
340BC. Appointment of deputies 184
340BD. Nominations to be made to Minister 184
340BE. Tenure of office 185
340BF. When office of member becomes vacant 185
340BG. Vacancies in offices of members to be filled 186
340BH. Meetings and procedure of Committee 187
340BI. Reimbursement of expenses of members 188
340BJ. Appointment of investigator 188
340BK. Functions of Committee 189
340BLA. Further provisions relating to proceedings of Committee 190
340BLB. Contents of notification confidential 191
340BL. When report may be published 191
340BM. Information for research not to be disclosed 191
Part XIV — Regulations and local laws
Regulations 193
Local laws 193
Model local laws 194
343A. Regulations to operate as local laws 194
343B. Governor may amend or repeal local laws 195
344A. Incorporation by reference 196
344B. Evidence of contents of standard etc. adopted 197
344C. Fees and charges may be fixed by resolution 197
Regulations to be confirmed 199
Evidence of local laws 199
348A. Proclamations etc. may be revoked or varied 200
Part XV — Miscellaneous provisions
Entry 201
Vessels 201
Obstructing execution of Act 202
Duty of police officers and authorised officers 203
Power to take possession of and lease land or premises on which expenses are due 204
Service of notice 204
Continued operation of notices and orders 206
Proof of ownership 206
Power to suspend or cancel licences 208
Prosecution of offences 208
No abatement 208
Penalties 209
General penalty 213
Proceedings for offence 213
Protection against personal liability 214
No officer to be concerned in contract 214
Recovery of expenses from local government 215
Contribution 215
Liability of owner and occupier under requisition or order 216
Penalty if owner or occupier hinders the other 217
Money owing to local government to be charge against land in certain cases 217
Provisions as to charge on land or premises 217
References to owner and occupier 219
Appearance of local governments in legal proceedings 219
Power to inspect register of births and deaths 219
Authentication of documents 220
Evidence 220
Regulations and local laws to be judicially noticed 222
Transitional provisions for Public Health (Consequential Provisions) Act 2016 222
Schedule 2
Offensive trades
Schedule 5
Penalties
Schedule 6 — Transitional provisions for Public Health (Consequential Provisions) Act 2016
References to Health Act 1911 may be taken to be references to Health (Miscellaneous Provisions) Act 1911 226
Continuing effect of things done by Executive Director, Public Health and Executive Director, Personal Health 226
References to former titles 226
Transitional provisions for Local Health Authorities Analytical Committee 227
Transitional provisions for Maternal Mortality Committee, Perinatal and Infant Mortality Committee and Anaesthetic Mortality Committee 228
Notes
Compilation t
This is an opening excerpt, not the complete document.