Stage 4 came into effect in September 2017.
On stage 4 the following key provisions were enacted:
- Part 3 – General public health duty
- Part 4 – Serious public health risks and material public health risks
- Part 9 – Notifiable infectious diseases & related conditions
- Part 11 – Serious public health incident powers
- Part 12 – Public health emergencies
- Part 15 – Inquiries
New infectious disease regulations have been developed to support Part 9 of the Public Health Act 2016, related to notifiable infectious diseases and related conditions.
Equivalent provisions under the Health (Miscellaneous Provisions) Act 1911 relating to notifiable infectious diseases and related conditions were repealed at stage 4.
Parts of the Health (Miscellaneous Provisions) Act 1911 that govern notification of and response to infectious diseases in WA, including:
- Part IX (Infectious diseases), except section 249 relating to local laws, will be retained until stage 5
- Part X (Tuberculosis) and Part XI (Venereal diseases), along with associated regulations, will be replaced at stage 4 by Part 9 of the Public Health Act 2016 and relevant provisions of the proposed Public Health Regulations 2017.
What provisions of the Public Health Act 2016 will be in effect following stage 4?
Provisions in the Public Health Act that will commence or already be in operation include:
- 1 – Preliminary
- 2 – Administration (Subdivision 1 (but only sections 6, 9 and 10) and Subdivision 2 and Divisions 2, 3 4 and 5)
- 3 – General public health duty
- 4 – Serious public health risks and material public health risks
- 9 – Notifiable infectious diseases and related conditions
- 11 – Serious public health incident powers
- 12 – Public health emergencies
- 13 – Compensation and insurance
- 15 – Inquiries
- 16 – Powers of entry, inspection and seizure
- 17 – Crown exemptions
- 18 – Liability, evidentiary and procedural provisions (only Divisions 1 and 2)
- 19 – Miscellaneous (only Division 2,3,4,5 and 6)
- 20 – Transitional and savings provisions (only sections 307, 308, 310, 309, 311, 312, 317, 320, 321 and 322)
Refer to page 6 of the Timeline for implementation fact sheet (PDF 420KB) for an overview of the provisions of Public Health Act 2016 (external site) that will be in effect and the provisions of the Health (Miscellaneous Provisions) Act 1911 that will continue to operate.
Local government
No action was required by local government to prepare for stage 4.
However, it is important for local government to note that even though the following parts came into effect at stage 4 they are not enforceable by local government following this stage:
- Part 3 – General public health duty
- Part 4 – Serious public health risks and material public health risks
- Part 16 – Powers of entry, inspection and seizure
This is because all health legislation applicable to local government is still enacted under the Health (Miscellaneous Provisions) Act 1911.
The Health (Miscellaneous Provisions) Act 1911 will still be the principle enforcement tool for local governments at stage 4.
Parts 3, 4 and 16 whilst proclaimed are not intended to be used for matters still being regulated under the Health (Miscellaneous Provisions) Act 1911 e.g. environmental health matters.