Stage 5 phased implementation

Phase 5A, the first phase of the implementation process, commenced on 4 June 2024.

Updates and appropriate stakeholder engagement will take place prior to each phase commencing.

Phase 5A – 4 June 2024 

• Some low-risk public health regulations were replaced with guidelines. 
• Improvement notices and enforcement orders have been introduced, allowing enforcement agencies options for non-compliance.
• Under the change, when a person or business breaches a public health provision, the enforcement agency can issue an improvement notice. Where a person or business does not comply with an improvement notice, an enforcement order may be issued. Where a person or business does not comply with an enforcement order, the person or business can be prosecuted. 
• The Department of Health has begun to prepare its new State public health plan. This must be finalised and published by 4 June 2025.
• Local governments will also need to create a local public health plan that is consistent with the State public health plan. These must be prepared and published by 4 June 2026.
• These plans ensure that public health is effectively promoted and protected. 

Resources

• Online presentation: New changes to the Public Health Act 2016 2024 (external site)
  This presentation covers the changes to the Public Health Act 2016, which were implemented in a phased approach from 4 June 2024.

Phase 5B – date to be confirmed 

• Stage 5B will commence when the first environmental health regulations are proclaimed.
• A focus will be placed on registration and licencing provisions, with more detail to be issued closer to the time. 
• Each regulation will be enacted 12 months after they are published on the WA legislation website. As soon as a timeline is available, this will be shared with appropriate stakeholders.
• Given several new regulations will need to be issued, this will take place in a phased approach. All new regulations will not be issued at once.  

Phase 5C – date to be confirmed 

• The repeal of any remaining environmental health provisions in the Health (Miscellaneous Provisions) Act. 

Stage 5 implementation summary table

Phase	Enactment of Public Health Act 2016	Repeal	Date
5A	Part 14 of the Public Health Act – improvement notices. and enforcement orders. Guidelines on the management of public health risks related to: cloth materials hairdressing establishments offensive trades commercial garden soils temporary toilets Part 5 of the Public Health Act – public health planning.	Health (Cloth Materials) Regulations 1985 Hairdressing Establishment Regulations 1972 Health (Garden Soils) Regulations 1998, Part IV, Division 8 of the Health (Miscellaneous Provisions) Act 1911 Health Act (Carbon Monoxide Regulations) 1975 Health (Section 112(2) Prohibition) Regulations 2006 Health (Offensive Trades Fees) Regulations 1976 Piggeries Regulations (1952) Health (Temporary Sanitary Conveniences) Regulations 1997 List of offensive trades within Schedule 2 of the Health (Miscellaneous Provisions) Act 1911 will be removed.	Improvement notices, enforcement orders and guidelines on the management of public health risks 4 June 2024 Public health planning 4 June 2024. The State public health plan must be published by 4 June 2025. Local governments must prepare and publish their local public health plan by 4 June 2026.
5B	Part 8 of the Public Health Act – registration and licensing. New regulations will be enacted as and when they have been drafted and approved by Parliament. Appropriate updates will be provided prior to this phase commencing.	Relevant legislation under the Health (Miscellaneous Provisions) Act 1911 and relevant provisions within that Act	TBC – once the first environmental health regulations are proclaimed. Each regulation will be enacted 12 months after they are approved by Parliament.
5C	Part 6 of the Public Health Act – public health policies.	Local Law provisions in the Health (Miscellaneous Provisions) Act 1911	End of 2026