Creates a statewide public‑health framework: defines the Chief Health Officer's powers and delegation, a general duty to prevent public‑health harm, registration/licensing of risk activities, criminal offence tiers for material/serious risks, emergency powers (including authorising use of poisons), and information‑sharing rules. Affects public health officials, local governments, enforcement agencies, regulated businesses and the public.
Matters because it centralises decision‑making with the CHO/local enforcement agencies, imposes compliance duties and substantial fines/prison terms, and enables broad disclosure of health‑related information (ss3; ss6,34–38; ss197–202; s299).
The Public Health Act 2016 (WA) is Western Australia's principal public health statute. It replaces the Health Act 1911 (WA) as the governing public health framework and establishes a modern, risk-based system for protecting and improving community health. The Act is administered primarily by the Chief Health Officer and a network of authorised officers, environmental health officers, and enforcement agencies.
The Act's objects (section 3) are to: protect and improve the health and wellbeing of individuals and communities; reduce inequalities in health between different sections of the community; prevent, control, and reduce the effects of disease; promote health literacy; and promote the sustainable use of health resources. It is guided by principles including proportionate responses, evidence-based decision-making, human rights respect, transparency, and recognition of the right of individuals to make informed decisions about their own health.
Main concepts
General public health duty (section 34): Every person must take all reasonable and practicable steps to prevent or minimise any harm to public health that might foreseeably result from anything done or omitted by the person. This duty is not a criminal offence and does not by itself give rise to any right or remedy (section 35). However, a failure to comply with the duty may constitute grounds for regulatory action, including the issue of an improvement notice or enforcement order.
Current sections
Direct links to the current provisions in Public Health Act 2016.
33
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Objects and principles 2
Terms used 5
Crown bound 14
Part 2 — Administration
Division 1 — Chief Health Officer
Subdivision 1 — Functions of Chief Health Officer
Functions of Chief Health Officer 15
Chief Health Officer may delegate 15
Power to delegate under Health Legislation Administration Act 1984 section 9 excluded 16
Subdiv 2
Designation of Chief Health Officer
Subdivision 2 — Designation of Chief Health Officer
Minister to designate Chief Health Officer 16
Term of office and remuneration of Chief Health Officer 17
Resignation, vacation of office and removal from office 17
Acting Chief Health Officer 18
Authority of Acting Chief Health Officer 19
Div 2
Functions of local governments
Division 2 — Functions of local governments
Functions of local governments 19
Appointment of environmental health officers 20
Chief Health Officer to approve qualifications and experience required by environmental health officers 20
Div 3
Functions of enforcement agencies
Division 3 — Functions of enforcement agencies
Functions of enforcement agencies 21
Conditions on performance of functions by enforcement agencies 21
Enforcement agency may delegate 21
Reports by and about enforcement agencies 22
Div 4
Authorised officers
Division 4 — Authorised officers
Terms used 23
Designation of authorised officers 23
Certain authorised officers required to have qualifications and experience 24
Further provisions relating to designations 24
Lists of authorised officers to be maintained 25
When designation as authorised officer ceases 25
Chief Health Officer may issue guidelines about qualifications and experience of authorised officers 26
Certificates of authority 26
Issuing and production of certificate of authority for purposes of other written laws 27
Certificate of authority to be returned 28
Div 5
Advisory committees
Division 5 — Advisory committees
Establishment and functions of advisory committees 29
Part 3
General public health duty
Part 3 — General public health duty
General public health duty 30
Consequences of failure to comply with general public health duty 30
Part 4
Serious public health risks and material public health risks
Part 4 — Serious public health risks and material public health risks
Term used: engage in conduct 32
Offences relating to serious public health risks 32
Offences relating to material public health risks 34
Defence of due diligence 36
Alternative verdicts for certain offences 37
Determination by court of appropriate punishment 38
Part 5
Public health plans
Part 5 — Public health plans
Term used: public health plan 39
State public health plans 39
Publication of current State public health plan 40
Local public health plans 40
Publication of current local public health plans 42
Provision of local public health plans to Chief Health Officer 42
Part 8
Registration and licensing
Part 8 — Registration and licensing
Terms used 44
Regulations may declare licensable and registrable activities 44
Application of Part to Crown 44
Division 2 — Registration of registrable activities
Carrying on unregistered registrable activity 45
Registration of registrable activity 45
Registration remains in force until cancelled 46
Annual or other fee in relation to registration 47
Variation of conditions, suspension or cancellation of registration 47
Further provisions relating to suspension of registration 49
Notification of certain matters relating to registrable activity or premises 50
Transfer of certificate of registration 51
Review of decisions relating to registration 51
Register of activities and premises to be maintained 52
Division 3 — Licensing of individuals carrying on licensable activities
Unlicensed persons carrying on licensable activities 52
Activity licences 53
Period an activity licence remains in force 54
Renewal of activity licence 54
Annual or other fee in relation to activity licence 55
Variation of conditions, suspension or cancellation of activity licence 55
Further provisions relating to suspension of activity licence 57
Notification of certain changes to licensable activities 58
Review of decisions relating to activity licences 58
Register of licence holders to be maintained 59
Part 9
Notifiable infectious diseases and related conditions
Part 9 — Notifiable infectious diseases and related conditions
Div 1
Principles and declarations
Division 1 — Principles and declarations
Principles applying in relation to this Part 60
Principles listed 60
Further provisions relating to application of principles 61
Declaration of notifiable infectious diseases 62
Declaration of notifiable infectious disease‑related conditions 63
Orders by Minister 64
Division 2 — Notification
Term used: responsible pathologist 64
Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions 64
Offence of failing to notify Chief Health Officer 66
No liability for notifying Chief Health Officer 66
Division 3 — Duty to inform
Practitioners to provide patients with information 67
Offence of failing to provide patient with information 68
Division 4 — Test orders
Terms used 68
Chief Health Officer may make test orders 71
Process for making test order 73
Explanation of test order 74
Effect of test orders 75
Offences of failing to comply with test order 76
No payment may be required in relation to testing under test order 77
Enforcement of test orders 77
Warrant to enforce test order 79
Further provisions relating to warrant 80
Review by State Administrative Tribunal 81
Obtaining or taking samples under test orders 81
Test results to be reported 81
Person tested not to be identified 83
No liability for reporting test results 83
Division not limited by Mandatory Testing (Infectious Diseases) Act 2014 84
Division 5 — Public health orders
Terms used 84
Chief Health Officer may make public health orders 86
Effect of public health orders 88
Personal service of orders required 89
Explanation of public health order 90
Provisions applying if person detained under public health order 91
Minister to be informed of detention or release from detention under public health order 91
Offence to fail to comply with public health order 92
Responsible persons to facilitate compliance with public health order 92
Enforcement of public health orders 92
Warrant to apprehend person to whom public health order applies 94
Further provisions relating to warrant 95
Review by State Administrative Tribunal 96
Restriction on making of further public health order 97
Recognition of interstate public health orders 97
Further provisions applying to interstate public health orders operating in this State 98
Div 6
Reporting requirements
Division 6 — Reporting requirements
Annual report to include information about test orders and public health orders 99
Div 7
Identifying and informing contact persons
Division 7 — Identifying and informing contact persons
Terms used 100
Requiring information where person believed to have notifiable infectious disease 101
Requiring information where person believed to have been exposed to notifiable infectious disease 102
Requiring other persons to give required information 103
Authorised officer to produce evidence of authority 104
Offence to fail to comply with requirement to provide information 104
Protection from liability 105
Informing contact persons 105
Chief Health Officer may issue guidelines 107
Protection from liability 107
Div 8
Immunisation status of children
Division 8 — Immunisation status of children
Subdiv 1
Preliminary
Subdivision 1 — Preliminary
141A. Terms used 109
Subdivision 2 — Immunisation requirements for enrolment
141B. Responsible person to give immunisation status to person in charge 110
141C. Immunisation certificates issued or declared by Chief Health Officer 111
141D. Immunisation or exemption a condition of enrolment 112
Subdiv 3
Regulations relating to immunisation status of children
Subdivision 3 — Regulations relating to immunisation status of children
Regulations relating to immunisation status of children and control of disease 113
Subdiv 4
Reporting requirements
Subdivision 4 — Reporting requirements
142A. Annual report to include information about enrolments 115
Div 9
Advisory Panels
Division 9 — Advisory Panels
Term used: Advisory Panel 116
Advisory Panels 116
Performance of functions and procedures 117
Protocols 117
Access to information 117
Part 11
Serious public health incident powers
Part 11 — Serious public health incident powers
Division 1 — Authorisation to exercise serious public health incident powers
Authorisation to exercise serious public health incident powers 119
Authorisation to state certain matters 119
Authorisation may be given orally or in writing 120
Division 2 — Serious public health incident powers
Terms used 120
Operation of this Division 121
Serious public health incident powers 121
Enforcement of requirement to undergo medical observation, medical examination 123
Provisions relating to requirement to remain at premises or remain quarantined 125
Review of requirement to remain at premises or remain quarantined 127
Authorised officer may be given assistance, and may use force 128
Failure to comply with requirements and directions 129
Review by State Administrative Tribunal 130
Part 12
Public health emergencies
Part 12 — Public health emergencies
Division 1 — Relationship to Emergency Management Act 2005
Relationship to Emergency Management Act 2005 131
Division 2 — Public health emergency management plans
Public health emergency management plans 131
Directions to, and duties of, public authorities 132
Division 3 — Public health state of emergency declarations
Minister may make public health state of emergency declaration 133
Duration of public health state of emergency declaration 134
Amendment of public health state of emergency declaration 134
Extension of public health state of emergency declaration 135
Revocation of public health state of emergency declaration 136
Notice of declaration 136
Limitation of stay of operation of public health state of emergency declaration 136
Division 4 — Authorisation to exercise emergency powers
Authorisation to exercise emergency powers during public health state of emergency 137
Authorisation to state certain matters 138
Authorisation may be given orally or in writing 138
Division 5 — Emergency powers
Terms used 139
Operation of this Division 140
Powers to obtain identifying particulars 140
Powers relating to movement and evacuation 140
Powers to use vehicles 141
Powers to control or use premises or property 141
Powers in relation to drugs and vaccines 142
Powers in relation to quarantine and medical or other procedures 143
Enforcement of requirement to undergo medical observation or medical or other procedure 144
Further provisions relating to requirement to remain in area or remain quarantined 146
Review of requirement to remain in area or remain quarantined 148
Information sharing 149
Regulations about information sharing for purposes of section 188 151
Other emergency powers 151
Further provisions relating to power to detain under section 185(1) or 190(1)(o) 153
Review of detention 154
Minister to be informed of detention or release from detention 155
Review by State Administrative Tribunal 155
Division 6 — Other powers exercisable during public health state of emergency
Powers of police relating to closure of places, movement and evacuation 156
Power of Chief Health Officer to direct public authorities during public health state of emergency 156
Chief Health Officer may authorise persons to administer, manufacture, supply or prescribe poisons 157
Further provisions relating to authority to administer, manufacture, supply or prescribe poisons 158
Division 7 — General provisions
General provisions regarding powers 160
General provisions regarding directions 160
Direction under Emergency Management Act 2005 prevails over inconsistent direction under this Part 161
Part 12A — Infectious disease extreme circumstance declarations
202A. Minister may make IDEC declaration 163
202B. Duration of IDEC declaration 164
202C. Extension of IDEC declaration 164
202D. Revocation of IDEC declaration 165
202E. Notice of declaration 165
202F. Limitation of stay of operation of IDEC declaration 166
Part 12B
Recovery of certain costs relating to exercise of powers
Part 12B — Recovery of certain costs relating to exercise of powers
Division 1 — Fees payable by hotel‑quarantined persons
202G. Terms used 167
202H. Fee payable by hotel‑quarantined person in relation to cost of quarantine 168
202I. Period for payment of fee 169
202J. Fee may be waived 169
202K. Recovery of fees 169
202L. Regulations 169
Division 2 — Recovery of certain costs and expenses
202M. Recovery of costs and expenses of requiring premises to be cleaned 170
Part 12C
Abortion
Part 12C — Abortion
202MA. Terms used 171
202MB. Performance of abortion 173
Division 2 — Performance of abortion by registered health practitioners
202MC. Performance of abortion by medical practitioner at not more than 23 weeks 174
202MD. Performance of medical abortion by certain other registered health practitioners at not more than 23 weeks 174
202ME. Performance of abortion by medical practitioner at more than 23 weeks 175
202MF. Performance of medical abortion by certain registered health practitioners on direction of medical practitioner or prescribing practitioner 176
202MG. Assistance by certain registered health practitioners or students in performance of abortion by medical practitioner or prescribing practitioner 177
202MH. Registered health practitioner with conscientious objection to abortion 178
202MI. Obligations of medical practitioners and prescribing practitioners who refuse to participate in abortion 179
202MJ. Student with conscientious objection to abortion 181
202MK. Compliance with Division relevant to professional conduct or performance 182
202ML. The Criminal Code s. 177 does not apply 182
202MM. Consent to performance of abortion on children who are not mature minors 182
Division 3 — Performance of abortion by unqualified persons
202MN. Unqualified person must not perform abortion 184
Division 4 — Protection from criminal liability
202MO. Person does not commit offence of abortion on themselves 185
Division 5 — Information about abortion
202MP. Chief Health Officer may direct certain persons to give information about abortion 186
202MQ. Purposes for which Chief Health Officer may record, use or disclose information given under s. 202MP 188
202MR. Protection from liability 188
Division 6 — Safe access to premises at which abortions are provided
202N. Purpose 189
202O. Terms used 190
202P. Offence to engage in prohibited behaviour within safe access zone 191
202Q. Offence to publish or distribute recording 192
Part 13
Compensation and insurance
Part 13 — Compensation and insurance
Division 1 — Compensation
Entitlement to compensation 193
Applying for compensation 193
Lapsing of application 194
Notice of decision 195
Review of decision as to payment of compensation 195
False compensation claim 195
Division 2 — Insurance
Extension of policy of insurance 196
Part 14
Improvement notices and enforcement orders
Part 14 — Improvement notices and enforcement orders
Terms used 197
Proceedings for offences: how affected 197
Division 2 — Improvement notices
Issue of improvement notice 197
Contents of improvement notice 199
Extension of period of compliance with improvement notice 201
Compliance with improvement notice 201
Division 3 — Enforcement orders
Issue of enforcement orders 201
Contents of enforcement order 202
Extension of period of compliance with enforcement order 203
Enforcement agency may implement enforcement order 204
Application of Criminal and Found Property Disposal Act 2006 205
Recovery of costs incurred by or on behalf of enforcement agency 205
Criminal liability not affected 205
Certificate of clearance to be given in certain circumstances 206
Request for assessment 206
Contravention of enforcement order 207
Division 4 — Review by State Administrative Tribunal
Review of decisions relating to improvement notices and enforcement orders 207
Part 15
Inquiries
Part 15 — Inquiries
Terms used 208
Chief Health Officer may conduct inquiry 208
Preliminary matters 208
Procedure 209
Hearings 209
Inquirer’s powers in relation to inquiry 210
Failure to comply with requirements of notice 210
Incriminating answers or documents 211
Disruption of inquiry 211
False information 211
Protection for certain purposes 212
Reports 212
Part 16
Powers of entry, inspection and seizure
Part 16 — Powers of entry, inspection and seizure
Division 1 — Entry, inspection and seizure
Term used: reasonably suspects 213
Powers of authorised officers 213
Stopping of vehicles 216
Incriminating information or answers 216
Liability for complying with requirement to provide information, answer question or produce document or thing 217
Power of seizure 217
Application of Criminal Investigation Act 2006 218
Application for warrant to enter premises 219
How application made 219
Further provisions relating to application for warrant 220
Issue of warrant 221
Duration of warrant 221
Execution of warrant 221
Use of force 222
Failure to comply with requirements of authorised officers 223
False or misleading information 223
Obstructing, impersonating or threatening authorised officers 224
Division 2 — Items seized by authorised officers
Application of Criminal and Found Property Disposal Act 2006 224
Seized items 225
Notification of seizure 225
Immediate destruction or disposal of things seized 226
Return of seized item 226
Forfeiture of item 226
Cost of destruction or disposal of forfeited item 227
Return of forfeited item 227
Compensation 228
Review of decisions relating to compensation 229
Part 17
Crown exemptions
Part 17 — Crown exemptions
Terms used 230
Division 2 — Ministerial exemptions for Crown and Crown authorities
Minister may exempt Crown or Crown authority from certain provisions 231
Duration of exemption 232
Content of exemption 232
Effect of exemption 233
Minister to consult before amending or revoking exemption 233
Application of Interpretation Act 1984 to exemptions 234
Division 3 — Compliance plans
Exemption may require compliance plan 234
Development and approval of compliance plan 234
Annual review of compliance plan 235
Amendment or replacement of compliance plan 235
Division 4 — Publication and reporting obligations
Exemption‑holder to make exemption and compliance plan publicly available 235
Annual report to include information about exemption and compliance plan 236
Part 18
Liability, evidentiary and procedural provisions
Part 18 — Liability, evidentiary and procedural provisions
Division 1 — Civil liability
Contraventions not breach of statutory duty 237
Division 2 — Criminal liability
Commencing proceedings 237
Offences by employees — liability of employer 238
Liability of officers for offence by body corporate 238
Liability of employees and agents 238
Disclosure by witnesses 238
Documentary evidence of certain matters 239
Court may order costs and expenses 240
Court may order forfeiture 240
Court’s powers in relation to registration and licences 241
Further provisions relating to orders under section 289 242
Division 3 — Enforcement action against Crown
Term used: responsible agency 242
Improvement notices may be given to Crown 242
Enforcement orders cannot be given to Crown 243
Part 19
Miscellaneous
Part 19 — Miscellaneous
Division 1 — Provisions relating to local governments
Fees and charges may be fixed and recovered by enforcement agencies that are local governments 244
Division 2 — General
Protection from liability for wrongdoing 244
Division 3 — Provisions relating to information
297A. Offence of giving false or misleading information 245
Disclosure and use of information provided under Part 9 or 10 245
Information sharing 246
Guidelines relating to information sharing 249
Regulations relating to information sharing 249
Confidential information officially obtained 250
Division 4 — Guidelines
Guidelines 250
Division 5 — Regulations
Regulations — general power 251
Regulations may adopt codes or legislation 254
Division 6 — Review of Act
Review of Act 255
306A. Review of amendments made by Public Health Amendment (Immunisation Requirements for Enrolment) Act 2019 256
306B. Review of amendments made by Public Health Amendment (Safe Access Zones) Act 2021 256
306C. Review of amendments made by Abortion Legislation Reform Act 2023 257
Part 20
Transitional and savings provisions
Part 20 — Transitional and savings provisions
Terms used 258
Application of Interpretation Act 1984 258
References to Health Act 1911 and Health (Miscellaneous Provisions) Act 1911 258
Reference to Chief Health Officer to be temporarily read as Executive Director, Public Health for purposes of Part 17 258
Executive Director, Public Health to hold office as Chief Health Officer 259
Environmental health officers to be authorised officers for certain purposes 259
Transitional provisions for Blood and Tissue (Transmissible Diseases) Regulations 1985 261
Transitional regulations 261
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Public Health Act 2016
Western Australia
Public Health Act 2016
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Objects and principles 2
Terms used 5
Crown bound 14
Part 2 — Administration
Division 1 — Chief Health Officer
Subdivision 1 — Functions of Chief Health Officer
Functions of Chief Health Officer 15
Chief Health Officer may delegate 15
Power to delegate under Health Legislation Administration Act 1984 section 9 excluded 16
Subdivision 2 — Designation of Chief Health Officer
Minister to designate Chief Health Officer 16
Term of office and remuneration of Chief Health Officer 17
Resignation, vacation of office and removal from office 17
Acting Chief Health Officer 18
Authority of Acting Chief Health Officer 19
Division 2 — Functions of local governments
Functions of local governments 19
Appointment of environmental health officers 20
Chief Health Officer to approve qualifications and experience required by environmental health officers 20
Division 3 — Functions of enforcement agencies
Functions of enforcement agencies 21
Conditions on performance of functions by enforcement agencies 21
Enforcement agency may delegate 21
Reports by and about enforcement agencies 22
Division 4 — Authorised officers
Terms used 23
Designation of authorised officers 23
Certain authorised officers required to have qualifications and experience 24
Serious public health risk: A risk to public health that, if materialised, would constitute a serious harm to public health. Knowingly engaging in conduct likely to cause a serious public health risk carries a fine of $250,000 and 3 years' imprisonment, plus daily penalties of $50,000 (section 37(1)). The lesser offence applies where the person ought reasonably to have known of the risk (section 37(2), $100,000 plus 2 years imprisonment, daily penalty $20,000).
Material public health risk: A less serious category of risk. Section 38 creates offences for conduct knowingly likely to cause a material public health risk (maximum fine $50,000, daily penalty $10,000) and for recklessness to a material risk (maximum fine $25,000, daily penalty $5,000).
Notifiable infectious disease: A disease declared by the Chief Health Officer under Part 9. Practitioners, laboratory operators, and others have mandatory notification obligations when a patient is diagnosed with or presents with a notifiable disease or related condition.
Public health state of emergency: A declaration made by the Minister under section 167 when satisfied that a public health emergency has occurred or is imminent and extraordinary measures are required. Once declared, emergency officers have broad coercive powers including controlling movement, evacuating persons, commandeering premises and property, and taking control of drugs and vaccines.
Emergency officer: An officer designated under section 171 (or a police officer or public health officer by operation of law) who exercises the emergency powers under Part 12 during a declared public health state of emergency.
Public health order: An order made by the Chief Health Officer under section 116 directing a person to undergo testing, treatment, or isolation, or to take other steps to reduce the risk of transmission of a notifiable infectious disease.
Test order: An order made by the Chief Health Officer under section 100 directing a person to undergo testing for a notifiable infectious disease.
Who it affects
The Act binds the Crown in right of Western Australia (section 5). It directly affects:
All persons in Western Australia who may create risks to public health through their activities.
Health practitioners (medical practitioners, nurses, pathologists) who have notification obligations under Part 9.
Businesses and individuals who operate registrable or licensable health-related activities under Part 8.
Local governments, which have specific public health functions under Part 2, Division 2.
Persons diagnosed with or suspected of having notifiable infectious diseases and who may be subject to public health orders or test orders.
Emergency officers and police officers during declared public health states of emergency.
Owners and occupiers of premises that may be entered and inspected under Part 16.
Key obligations
General public health duty (section 34): Every person must take all reasonable and practicable steps to prevent foreseeable harm to public health. The standard considers: potential impact of failure; environmental, social, economic and practical implications; degrees of risk; and nature, extent, and duration of harm.
Notification obligations (Part 9, Division 2): When a practitioner diagnoses or suspects a notifiable infectious disease or a notifiable disease-related condition, the practitioner must notify the Chief Health Officer. Section 95 makes failure to notify an offence. The notification must be made in the form, manner, and time required by the Act or regulations.
Duty to inform patients (Part 9, Division 3): Practitioners who diagnose a notifiable infectious disease must provide patients with information about the disease, transmission, and steps to reduce transmission risk. Failure to provide this information is an offence (section 98).
Registration requirements (Part 8): Persons carrying on registrable activities must be registered. Carrying on an unregistered registrable activity is an offence (section 67). Similarly, persons carrying on licensable activities must hold an activity licence (section 77).
Compliance with public health orders and test orders: A person subject to a public health order must comply with it. Failure to comply with a test order is an offence (section 104).
Compliance with emergency officer directions: During a public health state of emergency, persons must comply with emergency officer directions regarding movement (section 180), evacuation, and use of premises or property.
Powers and discretions
Chief Health Officer: Broad regulatory and administrative powers including: declaring notifiable diseases and related conditions (section 90); making test orders (section 100); making public health orders (section 116); issuing improvement notices; making and amending public health emergency management plans (section 165); recommending to the Minister that a public health state of emergency be declared.
Emergency powers (sections 179-191): During a declared public health state of emergency, emergency officers may:
Require a person to provide identifying particulars (section 179).
Direct or prohibit movement of persons, animals, and vehicles (section 180).
Close roads, access routes, and waterways (section 180).
Direct evacuation and removal of persons, animals, and vehicles (section 180).
Use vehicles in any place and circumstances despite any other law (section 181).
Take control of or make use of any premises or property (section 182).
Take control of or make use of any vaccine or drug (section 183).
Section 182(2) allows premises and property to be commandeered from inside or outside the declared emergency area. An emergency officer who takes control of premises must give written notice to the owner or occupier within 7 days (section 182(5)).
Minister's emergency declaration power (section 167): The Minister may declare a public health state of emergency for the whole State or part of it. The declaration must be based on advice from the Chief Health Officer (who must first consult with the State Emergency Coordinator) and the Minister must be satisfied that a public health emergency has occurred, is occurring, or is imminent and that extraordinary measures are required.
Enforcement agencies and authorised officers: May exercise various inspection, compliance, and enforcement powers under Parts 14-16.
Local governments: Local governments have specific public health functions including appointment of environmental health officers and local public health planning obligations (Part 5).
Penalties and enforcement
Serious public health risk (section 37): Knowingly causing or being likely to cause a serious public health risk: $250,000 fine and 3 years' imprisonment, plus daily penalty of $50,000. Recklessness: $100,000 and 2 years' imprisonment, plus daily penalty of $20,000.
Material public health risk (section 38): Knowingly causing or being likely to cause a material risk: $50,000, plus daily penalty of $10,000. Recklessness: $25,000, plus daily penalty of $5,000.
Failure to notify notifiable infectious disease (section 95): An offence. Penalty amount set by regulation.
Failure to provide patient information (section 98): An offence.
Carrying on unregistered registrable activity (section 67): An offence.
Unlicensed practice of licensable activity (section 77): An offence.
Failure to comply with test order (section 104): An offence.
Improvement notices and enforcement orders (Part 14): The Act provides for issue of improvement notices requiring compliance with the general public health duty and enforcement orders requiring specific action. Failure to comply with an improvement notice or enforcement order may be an offence and may also be the subject of court enforcement.
Compensation (Part 13): The Act provides for compensation to owners and occupiers of premises or property taken or damaged by emergency officers during a declared emergency (section 203 and following).
Process and timelines
Notifiable disease notification: The form, timing, and manner of notification are set by the Act and regulations. Notifications must be made as soon as reasonably practicable after the practitioner becomes aware of the disease or condition.
Test orders (section 101): The Chief Health Officer must follow the process in section 101 before making a test order. An explanation of the order must be given to the person (section 102). An affected person may seek review by the State Administrative Tribunal (section 109).
Public health state of emergency declaration (section 167(3)): The declaration must state the nature of the public health emergency, the area to which it applies, and the time from which it operates. The duration is limited (typically 14 days initially) and may be extended.
Infectious disease extreme circumstance declaration (Part 12A): Available for a declared or non-declared emergency where the infection level in the community necessitates extreme measures. Lower threshold than a full public health state of emergency.
Enforcement action timeline: Improvement notices must specify a reasonable period for compliance. Enforcement orders may be more immediate.
Interactions with other law
Emergency Management Act 2005 (WA): Section 164 establishes that the Public Health Act and the Emergency Management Act can operate concurrently. A state of emergency under the Emergency Management Act does not prevent a public health state of emergency declaration, and vice versa. Neither limits the other.
Biosecurity Act 2015 (Cth): The national biosecurity emergency framework and the State public health emergency framework are distinct but can operate simultaneously. The FCAFC in Rockment Pty Ltd v AAI Limited [2020] FCAFC 228 considered the interaction of WA public health state of emergency declarations with insurance policy exclusions referencing biosecurity emergency declarations under the Commonwealth Biosecurity Act.
Mandatory Testing (Infectious Diseases) Act 2014 (WA): Section 114 provides that Part 9, Division 4 (test orders) is not limited by this Act.
State Administrative Tribunal Act 2004 (WA): Review rights under section 109 (test orders) and sections 75, 85, 109 (registration, licensing, test orders) are exercised in the State Administrative Tribunal.
Criminal Investigation (Identifying People) Act 2002 (WA): Emergency officers may exercise powers under this Act to obtain identifying particulars during a public health state of emergency (section 179).
Gotchas
General duty is not an offence, but grounds for regulatory action: Section 35 explicitly says a failure to comply with the general public health duty does not of itself give rise to any right or remedy or constitute an offence. However, that failure can ground an improvement notice or enforcement order. Practitioners and businesses who assume that a non-criminal duty is practically unenforceable may be surprised when improvement notices are issued.
Emergency powers extend outside the emergency area: Section 182(2) expressly allows emergency officers to take control of or use premises or property outside the declared emergency area where necessary for emergency management. This has significant implications for supply chains, distribution facilities, and medical stockpiles located outside the declared area.
7-day notice requirement for commandeered property: Section 182(5) requires emergency officers to give written notice to owners and occupiers of commandeered property within 7 days. Failure to do so does not invalidate the emergency action but may affect compensation claims under Part 13.
Compensation for acquired property: Part 13 provides for compensation for property taken or damaged during a declared emergency. Compensation is not automatic; a claim must be made. Section 203 and following set out the claims process.
Notification obligations on practitioners: Part 9 notification obligations apply to practitioners as individuals, not just to hospitals or clinics. A medical practitioner in private practice who fails to notify is personally at risk of prosecution.
Insurance implications of public health emergency declarations: Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited [2020] FCAFC 228 illustrates that public health emergency declarations can trigger insurance policy exclusions or conditions. Businesses insuring against COVID-19-related business interruption losses faced insurance exclusions that turned on the cause of loss (the public health emergency declaration rather than the biosecurity emergency).
Practical examples
Serious public health risk offence: A food business operator knowingly continues operating despite being aware that contaminated product has left the premises and is likely to cause a serious public health risk (food poisoning epidemic). The business faces a fine of up to $250,000 plus daily penalties of $50,000 for each day the conduct continues after notification.
Emergency commandeering of medical supplies: During a declared public health state of emergency for a pandemic, an emergency officer determines that a pharmaceutical distributor holds a supply of antiviral drugs needed for immediate deployment. The officer takes control of the drugs under section 183 and directs the distributor to deliver them to specified health facilities. The distributor is entitled to compensation under Part 13.
Notifiable disease notification failure: A general practitioner diagnoses two patients with a new strain of influenza that has been declared a notifiable infectious disease but fails to notify the Chief Health Officer within the required time. The practitioner has committed an offence under section 95 and may face prosecution.
Public health order for infectious individual: A person diagnosed with active tuberculosis refuses to comply with a treatment plan and continues to attend crowded public places. The Chief Health Officer makes a public health order under section 116 directing the person to undergo treatment and to remain in isolation. Non-compliance with the order is an offence.
Chief Health Officer may issue guidelines about qualifications and experience of authorised officers 26
Certificates of authority 26
Issuing and production of certificate of authority for purposes of other written laws 27
Certificate of authority to be returned 28
Division 5 — Advisory committees
Establishment and functions of advisory committees 29
Part 3 — General public health duty
General public health duty 30
Consequences of failure to comply with general public health duty 30
Part 4 — Serious public health risks and material public health risks
Term used: engage in conduct 32
Offences relating to serious public health risks 32
Offences relating to material public health risks 34
Defence of due diligence 36
Alternative verdicts for certain offences 37
Determination by court of appropriate punishment 38
Part 5 — Public health plans
Term used: public health plan 39
State public health plans 39
Publication of current State public health plan 40
Local public health plans 40
Publication of current local public health plans 42
Provision of local public health plans to Chief Health Officer 42
Part 8 — Registration and licensing
Division 1 — Preliminary
Terms used 44
Regulations may declare licensable and registrable activities 44
Application of Part to Crown 44
Division 2 — Registration of registrable activities
Carrying on unregistered registrable activity 45
Registration of registrable activity 45
Registration remains in force until cancelled 46
Annual or other fee in relation to registration 47
Variation of conditions, suspension or cancellation of registration 47
Further provisions relating to suspension of registration 49
Notification of certain matters relating to registrable activity or premises 50
Transfer of certificate of registration 51
Review of decisions relating to registration 51
Register of activities and premises to be maintained 52
Division 3 — Licensing of individuals carrying on licensable activities
Unlicensed persons carrying on licensable activities 52
Activity licences 53
Period an activity licence remains in force 54
Renewal of activity licence 54
Annual or other fee in relation to activity licence 55
Variation of conditions, suspension or cancellation of activity licence 55
Further provisions relating to suspension of activity licence 57
Notification of certain changes to licensable activities 58
Review of decisions relating to activity licences 58
Register of licence holders to be maintained 59
Part 9 — Notifiable infectious diseases and related conditions
Division 1 — Principles and declarations
Principles applying in relation to this Part 60
Principles listed 60
Further provisions relating to application of principles 61
Declaration of notifiable infectious diseases 62
Declaration of notifiable infectious disease‑related conditions 63
Orders by Minister 64
Division 2 — Notification
Term used: responsible pathologist 64
Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions 64
Offence of failing to notify Chief Health Officer 66
No liability for notifying Chief Health Officer 66
Division 3 — Duty to inform
Practitioners to provide patients with information 67
Offence of failing to provide patient with information 68
Division 4 — Test orders
Terms used 68
Chief Health Officer may make test orders 71
Process for making test order 73
Explanation of test order 74
Effect of test orders 75
Offences of failing to comply with test order 76
No payment may be required in relation to testing under test order 77
Enforcement of test orders 77
Warrant to enforce test order 79
Further provisions relating to warrant 80
Review by State Administrative Tribunal 81
Obtaining or taking samples under test orders 81
Test results to be reported 81
Person tested not to be identified 83
No liability for reporting test results 83
Division not limited by Mandatory Testing (Infectious Diseases) Act 2014 84
Division 5 — Public health orders
Terms used 84
Chief Health Officer may make public health orders 86
Effect of public health orders 88
Personal service of orders required 89
Explanation of public health order 90
Provisions applying if person detained under public health order 91
Minister to be informed of detention or release from detention under public health order 91
Offence to fail to comply with public health order 92
Responsible persons to facilitate compliance with public health order 92
Enforcement of public health orders 92
Warrant to apprehend person to whom public health order applies 94
Further provisions relating to warrant 95
Review by State Administrative Tribunal 96
Restriction on making of further public health order 97
Recognition of interstate public health orders 97
Further provisions applying to interstate public health orders operating in this State 98
Division 6 — Reporting requirements
Annual report to include information about test orders and public health orders 99
Division 7 — Identifying and informing contact persons
Terms used 100
Requiring information where person believed to have notifiable infectious disease 101
Requiring information where person believed to have been exposed to notifiable infectious disease 102
Requiring other persons to give required information 103
Authorised officer to produce evidence of authority 104
Offence to fail to comply with requirement to provide information 104
Protection from liability 105
Informing contact persons 105
Chief Health Officer may issue guidelines 107
Protection from liability 107
Division 8 — Immunisation status of children
Subdivision 1 — Preliminary
141A. Terms used 109
Subdivision 2 — Immunisation requirements for enrolment
141B. Responsible person to give immunisation status to person in charge 110
141C. Immunisation certificates issued or declared by Chief Health Officer 111
141D. Immunisation or exemption a condition of enrolment 112
Subdivision 3 — Regulations relating to immunisation status of children
Regulations relating to immunisation status of children and control of disease 113
Subdivision 4 — Reporting requirements
142A. Annual report to include information about enrolments 115
Division 9 — Advisory Panels
Term used: Advisory Panel 116
Advisory Panels 116
Performance of functions and procedures 117
Protocols 117
Access to information 117
Part 11 — Serious public health incident powers
Division 1 — Authorisation to exercise serious public health incident powers
Authorisation to exercise serious public health incident powers 119
Authorisation to state certain matters 119
Authorisation may be given orally or in writing 120
Division 2 — Serious public health incident powers
Terms used 120
Operation of this Division 121
Serious public health incident powers 121
Enforcement of requirement to undergo medical observation, medical examination 123
Provisions relating to requirement to remain at premises or remain quarantined 125
Review of requirement to remain at premises or remain quarantined 127
Authorised officer may be given assistance, and may use force 128
Failure to comply with requirements and directions 129
Review by State Administrative Tribunal 130
Part 12 — Public health emergencies
Division 1 — Relationship to Emergency Management Act 2005
Relationship to Emergency Management Act 2005 131
Division 2 — Public health emergency management plans
Public health emergency management plans 131
Directions to, and duties of, public authorities 132
Division 3 — Public health state of emergency declarations
Minister may make public health state of emergency declaration 133
Duration of public health state of emergency declaration 134
Amendment of public health state of emergency declaration 134
Extension of public health state of emergency declaration 135
Revocation of public health state of emergency declaration 136
Notice of declaration 136
Limitation of stay of operation of public health state of emergency declaration 136
Division 4 — Authorisation to exercise emergency powers
Authorisation to exercise emergency powers during public health state of emergency 137
Authorisation to state certain matters 138
Authorisation may be given orally or in writing 138
Division 5 — Emergency powers
Terms used 139
Operation of this Division 140
Powers to obtain identifying particulars 140
Powers relating to movement and evacuation 140
Powers to use vehicles 141
Powers to control or use premises or property 141
Powers in relation to drugs and vaccines 142
Powers in relation to quarantine and medical or other procedures 143
Enforcement of requirement to undergo medical observation or medical or other procedure 144
Further provisions relating to requirement to remain in area or remain quarantined 146
Review of requirement to remain in area or remain quarantined 148
Information sharing 149
Regulations about information sharing for purposes of section 188 151
Other emergency powers 151
Further provisions relating to power to detain under section 185(1) or 190(1)(o) 153
Review of detention 154
Minister to be informed of detention or release from detention 155
Review by State Administrative Tribunal 155
Division 6 — Other powers exercisable during public health state of emergency
Powers of police relating to closure of places, movement and evacuation 156
Power of Chief Health Officer to direct public authorities during public health state of emergency 156
Chief Health Officer may authorise persons to administer, manufacture, supply or prescribe poisons 157
Further provisions relating to authority to administer, manufacture, supply or prescribe poisons 158
Division 7 — General provisions
General provisions regarding powers 160
General provisions regarding directions 160
Direction under Emergency Management Act 2005 prevails over inconsistent direction under this Part 161
Failure to comply with directions 161
Part 12A — Infectious disease extreme circumstance declarations
202A. Minister may make IDEC declaration 163
202B. Duration of IDEC declaration 164
202C. Extension of IDEC declaration 164
202D. Revocation of IDEC declaration 165
202E. Notice of declaration 165
202F. Limitation of stay of operation of IDEC declaration 166
Part 12B — Recovery of certain costs relating to exercise of powers
Division 1 — Fees payable by hotel‑quarantined persons
202G. Terms used 167
202H. Fee payable by hotel‑quarantined person in relation to cost of quarantine 168
202I. Period for payment of fee 169
202J. Fee may be waived 169
202K. Recovery of fees 169
202L. Regulations 169
Division 2 — Recovery of certain costs and expenses
202M. Recovery of costs and expenses of requiring premises to be cleaned 170
Part 12C — Abortion
Division 1 — Preliminary
202MA. Terms used 171
202MB. Performance of abortion 173
Division 2 — Performance of abortion by registered health practitioners
202MC. Performance of abortion by medical practitioner at not more than 23 weeks 174
202MD. Performance of medical abortion by certain other registered health practitioners at not more than 23 weeks 174
202ME. Performance of abortion by medical practitioner at more than 23 weeks 175
202MF. Performance of medical abortion by certain registered health practitioners on direction of medical practitioner or prescribing practitioner 176
202MG. Assistance by certain registered health practitioners or students in performance of abortion by medical practitioner or prescribing practitioner 177
202MH. Registered health practitioner with conscientious objection to abortion 178
202MI. Obligations of medical practitioners and prescribing practitioners who refuse to participate in abortion 179
202MJ. Student with conscientious objection to abortion 181
202MK. Compliance with Division relevant to professional conduct or performance 182
202ML. The Criminal Code s. 177 does not apply 182
202MM. Consent to performance of abortion on children who are not mature minors 182
Division 3 — Performance of abortion by unqualified persons
202MN. Unqualified person must not perform abortion 184
Division 4 — Protection from criminal liability
202MO. Person does not commit offence of abortion on themselves 185
Division 5 — Information about abortion
202MP. Chief Health Officer may direct certain persons to give information about abortion 186
202MQ. Purposes for which Chief Health Officer may record, use or disclose information given under s. 202MP 188
202MR. Protection from liability 188
Division 6 — Safe access to premises at which abortions are provided
202N. Purpose 189
202O. Terms used 190
202P. Offence to engage in prohibited behaviour within safe access zone 191
202Q. Offence to publish or distribute recording 192
Part 13 — Compensation and insurance
Division 1 — Compensation
Entitlement to compensation 193
Applying for compensation 193
Lapsing of application 194
Notice of decision 195
Review of decision as to payment of compensation 195
False compensation claim 195
Division 2 — Insurance
Extension of policy of insurance 196
Part 14 — Improvement notices and enforcement orders
Division 1 — Preliminary
Terms used 197
Proceedings for offences: how affected 197
Division 2 — Improvement notices
Issue of improvement notice 197
Contents of improvement notice 199
Extension of period of compliance with improvement notice 201
Compliance with improvement notice 201
Division 3 — Enforcement orders
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This is an opening excerpt, not the complete document.