Public health policies - Public Health Act

Part 6 of the Act provides a framework for the Chief Health Officer to develop, and the Minister to issue, public health policies.

What is a public health policy?

The Public Health Act enables the Minister to issue public health policies for any purpose relating to the objects of the Act. It is anticipated that public health policies would be made in respect of broad public health issues that are of particular significance to the community.

Public health policies strengthen the proactive focus of the Public Health Act and ensure that the community is both educated about relevant public health issues and engaged in the development of solutions to them.

This potentially gives them a very wide field of operation, responding to the range of specific issues that either adversely affect the public's health or promote better health across the community.

Is a public health policy considered to be subsidiary legislation?

No. Public health policies are not legislative instruments which means they are not legally binding. 

What is the difference between a public health policy and regulations?

Regulations impose legal obligations and can impose penalties for non-compliance.

Public health policies are not legal instruments and they cannot impose penalties.

Can a regulation adopt a public health policy?

No. A regulation cannot adopt a public health policy (s 305 (3)).

What enforcement action can a local government take under a public health policy?

None. It is not an offence to fail to comply with a policy nor will a public health policy impose any sanctionable obligations.

Can a public health policy apply to a specific area of the State?

Yes. A policy can be designed for application to a specific area of Western Australia or a specific local government district. Therefore, a policy can be developed for a specific area such as the South West or the Kimberley where there may be isolated public health problems. This is a similar process used to environmental policies developed in WA.

Development of a public health policy

The Chief Health Officer must meet a number of requirements in the drafting of any public health policy including:

• giving public notice of the proposed policy and include details on the purpose of the policy, where to access a copy, invite submissions on the policy and specify when submissions must be made
• publishing the draft policy on the Department’s website or other suitable means
• considering any submissions made
• reporting to the Minister for Health on the outcomes of consultation, and making a recommendation to the Minister on the need to issue the policy.

Chief Health Officer to report to Minister for Health on the outcome of consultation

The Chief Health Officer must consider any submissions received and provide a report to the Minister summarising the consultation undertaken, a summary of the submissions received and making a recommendation either for or against issuing the policy. 

Tabling public health policies before each House of Parliament

The Minister for Health is required to present the Chief Health Officer report, to each House of Parliament as soon as practiable after the Minister receives the report.

Once issued, the Minister must also cause a copy of the public health policy to be laid before each House of Parliament as soon as practicable.

Publication of final public health policies  

The Chief Health Officer is required to make a public health policy publicly available without charge such as on the Department of Health’s website.