Western Australian Consolidated Acts

HEALTH ACT 1911

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title and commencement  
   3.      Terms used in this Act  
   5.      Savings  
   6.      Power to suspend operation of Act  

   PART II -- Administration  

           Division 1 -- The Minister, CEO and officers of Public Health  

   7.      Minister  
   8.      Minister to be body corporate  
   12.     Powers of Executive Director, Public Health and officers  
   13.     Inquiries  
   14.     Powers of persons directed to make inquiries  
   15.     Power of Executive Director, Public Health to act in emergencies  
   16.     Executive Director, Public Health may act where no local government  
   17.     Expenditure to be paid out of appropriated moneys  

           Division 2 -- Local governments  

   22.     Annexation  
   25.     District may include water  
   26.     Powers of local government  
   27.     Officers of local government  
   28.     Appointments to be approved  
   29.     Executive Director, Public Health may appoint if local government neglects to do so  
   30.     Local governments may join in appointing officers  
   31.     Qualifications of environmental health officers  
   32.     Removal of officers  
   33.     Medical officer may direct and exercise powers of environmental health officer  
   34.     Reports by medical officer of health  
   35.     Proceedings on default of local government  
   36.     Review of orders and decisions of local governments  
   38.     Local governments to report annually  

           Division 3 -- The exercise of ministerial control  

   39.     Powers of the Minister  

   PART III -- Financial  

   40.     Power to levy general health rate  
   41.     Sanitary rate  
   42.     Supplementary rates  
   44.     Borrowing powers  
   45.     Special loan rate  
   46.     Application of rating provisions of Local Government Act 1995  
   47.     Health rate to be regarded in determining borrowing powers  
   48.     Time for giving notice of rate may be extended  
   49.     Accounts and audit  
   52.     Financial adjustment  

   PART IV -- Sanitary provisions  

           Division 1 -- Sewerage and drainage schemes  

   53.     Sewers vested in local government  
   54.     Power of local government to construct and maintain sewers  
   55.     Governor’s approval necessary to all schemes  
   56.     Power to do acts preliminary to formulating scheme  
   57.     Notice of plans and specifications  
   58.     Objections  
   59.     Copies of plans and specifications to be available for inspection  
   60.     Conditions on which Minister may recommend scheme to Governor  
   61.     Apportionment of costs and maintenance of joint schemes  
   62.     Powers of local government in carrying out works  
   63.     Recovery of cost of limited schemes from owners of premises served  
   63A.    Interpretation  
   64.     Agreements for recouping costs and paying maintenance in case of limited schemes  
   65.     Power to acquire land  
   66.     Duty of local government where street broken up  
   67.     Interfering with works of other authorities  
   68.     Alteration of sewerage works  
   69.     Ventilating shafts etc. may be attached to walls and buildings  
   70.     Maps of systems to be kept  
   71.     Sewers to be kept cleansed  

           Division 2 -- Connection of premises to drains and sewers of local government  

   72.     Owners or occupiers may be compelled to connect premises when works complete  
   73.     Notice to owner or occupier to carry out installation of fittings  
   74.     Where the local government makes installations it may enter into agreements with persons responsible for payment of cost  
   75.     Right of owner or occupier to connect drains with sewer  
   76.     Owner or occupier of land outside district may connect sewer on conditions imposed by local government  
   77.     Restrictions on construction or alteration of certain drains and fittings  
   78.     Owner or occupier responsible for cleaning private drains  
   79.     Obstructing or encroaching on sewers  
   80.     Local government may enforce drainage of undrained houses  
   81.     Owner may be required to connect premises with public sewer  
   82.     Buildings without drains  
   82A.    Where the local government makes connections with sewers it may enter into agreement with person responsible for payment of cost  
   83.     Making sewers and drains under private land  
   84.     Recovery of expenses incurred by local government  
   85.     Dwelling-houses on low lying land  
   86.     Filling up low lying land  
   87.     Stagnant water holes  
   88.     Stagnant water in cellars etc.  
   89.     Paving and asphalting of cellars  
   90.     Brickmaking and other excavations to be fenced  
   91.     Storm water to be allowed its natural channel  
   92.     Unauthorised building over sewers and under streets  
   93.     Injurious matter not to pass into sewers  
   94.     Chemical refuse, steam etc. not to be turned into sewers  

           Division 3 -- Disposal of sewage  

   95.     Disposing of sewage  
   96.     Communication of sewers with sewers of adjoining district  
   97.     Dealing with land appropriated to sewage purposes  
   98.     Punishment for placing sewage in streets etc.  

           Division 4 -- Sanitary conveniences  

   99.     Houses to have sanitary conveniences  
   100.    Provision of apparatus for the treatment of sewage  
   101.    Sanitary conveniences for workshops etc.  
   102.    Sanitary conveniences in connection with works  
   103.    Persons to carry out sanitary work in certain cases  
   104.    Earth-closets  
   105.    Public sanitary conveniences  
   106.    Power to make pan charges  
   107.    Drains, privies etc. to be properly kept  
   107A.   Articles in use in construction or operation of sewers etc. to be of prescribed standard  
   108.    Examination of drains etc.  
   109.    Local government may require filling up of certain cesspools  
   110.    New cesspools for nightsoil forbidden  
   111.    Local government may supply receptacles  

           Division 5 -- Scavenging, cleansing, etc.  

   112.    Local government to provide for removal of refuse and cleansing works  
   113.    Power of contractor to recover  
   114.    Obstruction or hindrance of certain works penalised  
   116.    Procedure when local government undertakes work  
   117.    Cleansing common courts and passages  
   119.    Reserves for deposit of sewage, rubbish or refuse  
   120.    Power to close depots  
   121.    Building on sanitary depots  
   122.    Provision for obtaining order for cleansing offensive watercourse or ditch on boundaries of districts  
   123.    Access to sanitary reserves  

           Division 6 -- Yards, ways, passages, etc.  

   124.    Power to require yards etc. to be paved  
   125.    Power to require private streets, ways etc. to be paved  
   126.    Penalty for default  
   127.    Formation of rights-of-way  
   128.    Recovery of expenses  

           Division 7 -- Pollution of water  

   129.    Pollution of water supply  
   130.    Riparian rights  
   131.    Sources of water supply may be closed  
   132.    Power to seize and destroy pigs etc. trespassing on rivers etc.  

           Division 8 -- Morgues  

   133.    Local government may license morgues  

           Division 9 -- Local laws  

   134.    Purposes for which local laws may be made  

   PART V -- Dwellings  

           Division 1 -- Houses unfit for occupation  

   135.    Dwellings unfit for habitation  
   136.    Such house not to be let or occupied  
   137.    Condemned building to be amended or removed  
   138.    Land to be cleaned up after removal of house or building therefrom  
   139.    Owner may be required to clean or repair house  
   140.    Local government may act in default of owner  
   141.    Penalty for erecting buildings on ground filled up with offensive matter  
   142.    Occupying cellar dwellings  
   143.    Plans of buildings to be submitted to local government  
   144.    Building not erected as dwelling not to be converted into one  
   145.    Medical officer may order house or things to be cleansed  

           Division 2 -- Lodging-houses  

   146.    Registers of lodging-houses  
   147.    Registration  
   148.    Conditions of registration  
   149.    Notice of registration to be affixed  
   150.    Supply of water  
   151.    Cleansing of walls etc.  
   152.    Notification of disease  
   153.    Inspection  
   154.    Offences by keepers  
   155.    Conviction for third offence  
   156.    Lodging-house keepers to report deaths  
   157.    Register of lodgers to be kept  
   158.    Local laws in respect of lodging-house  
   159.    Evidence as to family in proceedings  

   PART VI -- Public buildings  

   173.    Terms used in this Part  
   174.    Application to the Crown  
   175.    Relationship to other laws  
   176.    Approval of plans  
   177.    Approval  
   178.    Certificate of approval  
   179.    Inspection and control of public buildings  
   180.    Regulations  

   PART VII -- Nuisances and offensive trades  

           Division 1 -- Nuisances  

   181.    Removal of offensive matter  
   182.    Definition of nuisances  
   182A.   Regulations as to section 182(13)  
   183.    Immediate action in respect of nuisances  
   184.    Mode of dealing with nuisances  
   185.    Proceedings when nuisance caused by default outside district  

           Division 2 -- Offensive trades  

   186.    Term used in this Division  
   187.    Consent necessary for establishing offensive trade  
   188.    Penalty for breach  
   189.    Penalty for illegally carrying on offensive trade  
   190.    Local laws regulating offensive trades  
   191.    Offensive trades to be registered  
   192.    Local government may refuse to register or to renew registration  
   193.    Power to restrict offensive trades to certain portions of proclaimed areas  
   194.    Offensive trades  
   195.    Construction, drainage and equipment of slaughter-houses  
   196.    Slaughter-houses to be kept in accordance with Act  
   197.    No swine, dog or poultry to be kept at slaughter-house  
   198.    Swine not to be fed on raw offal etc.  

           Division 3 -- Local laws  

   199.    Local laws in respect of nuisances and offensive trades  
   200.    Regulations as to medical examinations for persons in prescribed industries  

   PART VIIA -- Drugs, medicines, disinfectants, therapeutic substances and pesticides  

           Division 1 -- Preliminary  

   202.    Drug Advisory Committee  
   203.    Registration of analysts  

           Division 5 -- Drugs  

   221.    Mixing drugs etc. with injurious ingredients for sale  
   222.    Mixing for sale drugs to increase bulk  
   223.    Sale of drugs not of nature, substance and quality demanded  
   224.    Labelled description  
   225.    Employment of infected persons prohibited  
   226.    Executive Director, Public Health, may examine and report on advertised drugs and appliances  
   227.    Sample of drug may be obtained for analysis  
   228.    Power of medical officer of health, environmental health officer etc. in relation to drugs  
   229.    The appointed standard or The British Pharmacopoeia to be standard  
   230.    Right of recourse by accused in certain cases  
   231.    Responsibility of manufacturer as well as that of seller of drugs  
   232.    Liability of agent or employee  
   233.    Unfit drug may be destroyed  
   234.    Importation of adulterated drugs etc.  
   235.    Drugs may be declared dangerous by Executive Director, Public Health  
   236.    False trade description of drug  

           Division 6 -- Medicines and disinfectants  

   237.    Sale of patent or proprietary medicines may be prohibited  
   238.    Publication of false statements concerning medicines etc.  
   239.    Application of section 227 to disinfectants and pesticides  
   240.    Disinfectants etc.  
   241.    False trade description of disinfectant  

           Division 7 -- Manufacture of therapeutic substances  

   242.    Therapeutic substances to be manufactured on licensed premises  
   243.    Duration of licences and licences to stipulate premises and be subject to conditions  
   244.    Review of decision of Executive Director, Public Health  
   245.    Regulations as to therapeutic substances  

           Division 8 -- Pesticides  

   246.    Meaning of “the Pesticides Advisory Committee” in this Division  
   246A.   Crown bound, but Pharmacy Act 1964 and Poisons Act 1964 not affected by Division 8  
   246B.   Pesticides Advisory Committee  
   246BA.  General powers of Pesticides Advisory Committee  
   246C.   Regulations relating to pesticides  

           Division 9 -- Regulations  

   246D.   Regulations as to Part VIIA  

   PART VIIIA -- Analytical services  

   247A.   Local Health Authorities Analytical Committee  
   247B.   Meetings and procedure of Analytical Committee  
   247C.   Powers and functions of Analytical Committee  
   247D.   Participation in scheme by local governments  
   247E.   Application of Financial Management Act 2006 and Auditor General Act 2006  
   247F.   Regulations as to Part VIIIA  

   PART IX -- Infectious diseases  

           Division 1 -- General provisions  

   248.    Infectious diseases may be declared dangerous  
   249.    Local laws to prevent the spread of infectious disease  
   250.    Power of local government to check infectious disease  
   251.    Special powers when authorised by Minister  
   252.    Assistance and co-operation  
   253.    Power to specifically enforce orders made under section 251 and to apprehend persons ordered into quarantine or isolation  
   254.    Executive Director, Public Health may delegate certain powers  
   255.    Penalty for obstructing or refusing to comply with directions  
   256.    On default, work may be done at expense of offender  
   257.    Power to enter on lands and do works  
   258.    No personal liability  
   259.    Compensation for building, animal, or thing destroyed  
   260.    Power to require cleansing and disinfecting of building etc.  
   261.    Local government may provide for destroying or disinfecting infected things and provide vehicles  
   262.    Restrictions on use of such vehicles  
   263.    Removal of persons suffering from infectious disease to hospital  
   264.    Exposure of infected persons and things  
   265.    Precautions when infected person enters public vehicle  
   266.    Penalty for non-compliance  
   267.    Penalty for selling infected things or letting house where infected person is lodging  
   268.    Ceasing to occupy houses without previous disinfection, or giving notice to owner making false answers  
   269.    Infected matter thrown into ashpits etc. to be disinfected  
   270.    Temporary shelter etc.  
   271.    Special sanitary service in typhoid cases  
   272.    Work to be done to satisfaction of Executive Director, Public Health  
   273.    Treatment and custody of lepers  
   274.    Regulations as to spread of tuberculosis  
   275.    Conscientious objection to vaccination  

           Division 2 -- Notification of disease  

   276.    Notification of infectious disease  
   276A.   Notification of HIV infections or AIDS -- additional requirements  
   277.    List of out-workers to be kept in certain trades  
   278.    Employment of person in premises dangerous to health  
   279.    Making of wearing apparel where there is any infectious disease  
   280.    Prohibition of home work in places where there is infectious disease  
   282.    Local governments to give effect to order of Executive Director, Public Health  
   283.    Eruptive diseases to be reported  
   284.    Medical practitioner to notify cases of tuberculosis  
   285.    Infection in schools  
   286.    Local government to report epidemic disease etc. to Executive Director, Public Health  
   287.    Certain persons to report occurrence of infectious disease  
   288.    Monthly reports of infectious diseases  
   289.    No liability for notifying etc.  

   PART IXA -- Prevention and alleviation of certain non-infectious disease processes and physical or functional abnormalities  

   289A.   Objects of this Part  
   289B.   Meaning of “prescribed condition of health” in this Part  
   289C.   Regulation as to Part IXA  
   289D.   Powers conferred by this Part are cumulative  

   PART X -- Tuberculosis  

   290.    Terms used in this Part  
   292.    Notification by medical practitioner obligatory  
   293.    X-ray examination for tuberculosis  
   293A.   Notice requiring persons to submit to X-ray examination  
   294.    Proceedings on complaint  
   295.    Executive Director, Public Health may order discharge of a declared patient  
   296.    Regulations as to Part X  

   PART XI -- Venereal diseases and disorders affecting the generative organs  

   300.    Notification of venereal disease  
   300A.   Protection from suit in certain cases  
   306.    Responsibility of parents and guardians of diseased persons under  
   307.    Compulsory examination and treatment  
   309.    Provision for examination of prisoners and persons in industrial schools  
   310.    Penalty for conveying infection of venereal disease  
   311.    State employed medical practitioners to treat venereal disease free of charge  
   312.    Proceedings to be in camera  
   313.    Prohibition of advertisements of cures of certain diseases  
   314.    Secrecy to be preserved  
   316.    Service of notices  

   PART XII -- Hospitals  

           Division 1 -- Public hospital  

   324.    Local governments may establish or subsidise hospitals  
   324A.   Power for CEO to enter into agreement for establishment of maternal and health centres and provide nursing staff etc.  

   PART XIIA -- Community health centres, etc.  

   330A.   Land may be acquired or leased for community health centres  
   330B.   Local governments may subsidise certain medical centres  

   PART XIII -- Child health and preventive medicine  

   333.    Regulations  
   334.    Performance of abortions  
   335.    Reports to be furnished  
   336.    Death of a woman as the result of pregnancy or childbirth to be reported to the Executive Director, Public Health  
   336A.   Certain deaths of children to be reported to the Executive Director, Public Health  
   336B.   Death of persons under anaesthetic to be reported to the Executive Director, Public Health  
   337.    Examination of school children  
   337A.   Schools dental service  
   338.    Parent or guardian to provide medical or surgical treatment for child in certain cases  
   338B.   Prohibition of sale etc. of unsafe appliances  
   338C.   Prohibition of sale etc. of unsafe toys  
   340.    Local government may provide for immunisation  

   PART XIIIA -- Maternal Mortality Committee  

   340A.   Terms used in this Part  
   340B.   Constitution and offices of Committee  
   340C.   Appointment of deputies  
   340D.   Nominations to be made to Minister  
   340E.   Tenure of office  
   340F.   When office of member becomes vacant  
   340G.   Vacancies in offices of members to be filled  
   340H.   Quorum  
   340I.   Reimbursement of expenses of members of Committee  
   340J.   Appointment of investigator  
   340K.   Functions of Committee  
   340L.   When report of investigator may be published  
   340M.   Information given for research not to be disclosed  
   340N.   Regulations as to Maternal Mortality Committee  

   PART XIIIB -- Perinatal and Infant Mortality Committee  

   340AA.  Terms used in this Part  
   340AB.  Constitution and offices of Committee  
   340AC.  Appointment of deputies  
   340AD.  Nominations to be made to Minister  
   340AE.  Tenure of office  
   340AF.  When office of member becomes vacant  
   340AG.  Vacancies in offices of members to be filled  
   340AH.  Quorum  
   340AI.  Reimbursement of expenses of members  
   340AJ.  Appointment of investigator  
   340AK.  Functions of Committee  
   340AL.  When report may be published  
   340AM.  Information for research not to be disclosed  
   340AN.  Regulations as to Perinatal and Infant Mortality Committee  

   PART XIIIC -- Anaesthetic Mortality Committee  

   340BA.  Terms used in this Part  
   340BB.  Constitution and offices of Committee  
   340BC.  Appointment of deputies  
   340BD.  Nominations to be made to Minister  
   340BE.  Tenure of office  
   340BF.  When office of member becomes vacant  
   340BG.  Vacancies in offices of members to be filled  
   340BH.  Quorum  
   340BI.  Reimbursement of expenses of members  
   340BJ.  Appointment of investigator  
   340BK.  Functions of Committee  
   340BL.  When report may be published  
   340BM.  Information for research not to be disclosed  
   340BN.  Regulations as to Anaesthetic Mortality Committee  

   PART XIV -- Regulations and local laws  

   341.    Regulations  
   342.    Local laws  
   343.    Model local laws  
   343A.   Regulations to operate as local laws  
   343B.   Governor may amend or repeal local laws  
   344.    Penalties, fees etc.  
   344A.   Incorporation by reference  
   344B.   Evidence of contents of standard etc. adopted  
   344C.   Fees and charges may be fixed by resolution  
   345.    Regulations to be confirmed  
   348.    Evidence of local laws  
   348A.   Proclamations etc. may be revoked or varied  

   PART XV -- Miscellaneous provisions  

   349.    Entry  
   350.    Vessels  
   351.    Obstructing execution of Act  
   352.    Duty of police officers  
   353.    Power to take possession of and lease land or premises on which expenses are due  
   354.    Service of notice  
   355.    Continued operation of notices and orders  
   356.    Proof of ownership  
   357.    Power to suspend or cancel licences  
   358.    Prosecution of offences  
   359.    No abatement  
   360.    Penalties  
   361.    General penalty  
   362.    Proceedings for an offence  
   365.    Protection against personal liability  
   366.    No officer to be concerned in contract  
   367.    Recovery of expenses from local government  
   368.    Contribution  
   369.    Liability of owner and occupier under requisition or order  
   370.    Penalty if owner or occupier hinders the other  
   371.    Money owing to local government to be a charge against land in certain cases  
   372.    Provisions as to charge on land or premises  
   373.    Reference to “owner” and “occupier”  
   374.    Appearance of local governments in legal proceedings  
   375.    Power to inspect register of births and deaths  
   376.    Authentication of documents  
   377.    Evidence  
   378.    Regulations and local laws to be judicially noticed  
           SCHEDULE 2  
           SCHEDULE 4  
           SCHEDULE 5  
           Compilation table