Regulation review program

In the lead up to stage 5 of implementation of the Public Health Act 2016 WA Health must review all regulations adopted under the Health (Miscellaneous Provisions) Act 1911, as well as a number of provisions within the Act that will be repealed at stage 5. The aim is to determine whether these public health risks must continue to be regulated under the new regulatory framework provided by the Public Health Act or can be managed in other ways such as a local law, other legislation or a guideline.

WA Health is committed to consulting with key stakeholders prior to repealing or replacing any legislation in accordance with the State and Local Government Partnership Agreement (external site).

WA Health will work in collaboration with local government, State Government, non-government organisations, industry and the general public in all consultation processes. 

All regulatory review projects that are open for consultation can be viewed on the WA Health Consultation Hub (external site).

Discussion papers - open for consultation

The following discussion papers are open for public consultation. You are invited to read through the discussion papers and provide your feedback online. 

Discussion Paper Aim Submissions and due date
Temporary toilets design and construction This discussion paper reviews the design and construction requirements for temporary toilets as prescribed by the current Health (Temporary Sanitary Conveniences) Regulations 1997 (external site).

Whilst reviewing the Regulations WA Health became aware that the regulations are silent on how ambulant and accessible temporary toilets should be designed and constructed. This is resulting in toilet design styles which are not meeting the needs of persons with disability, persons with continence requirements and persons who require carers or assistance with toileting. While WA is the only state who currently regulates the design and construction of temporary toilets the existence of this issue indicates that perhaps continued regulation or public health guidance which includes ambulant and accessible temporary toilets is required.

The discussion paper explores four options for ensuring adequate design and construction of temporary toilets:
  • Option A – Retain Status Quo
  • Option B – Repeal without replacement
  • Option C – Repeal and replace with regulations under the Public Health Act 2016.
  • Option D – Repeal and create a public health guideline
Stakeholders are asked to read through the:
and provide feedback on their preferred future management option by completing the online temporary toilet survey (external site).

Please note the discussion paper refers to the 2017 Accessible Temporary Toilets Survey (PDF 500KB)

Consultation opens 16 July 2018

Submissions are due by 14 September 2018 (8 week period).

Online consultation survey (external site)

Email: publichealthact@health.wa.gov.au

Mail:

Temporary Toilets consultation
Environmental Health Directorate
Department of Health
PO Box 8172,
Perth Business Centre, WA 6849
 Cloth materials This discussion paper reviews the management of public health risks associated with cloth materials in WA as prescribed by the Health (Cloth Materials) Regulations 1985 (external site). 

The document analyses the various options for managing the public health risks associated with cloth materials, including the potential advantages (benefits) and disadvantages (costs) of each option for industry, small business, consumers and local and state government.

These options include:

  • Option A – Retain the status quo, that is, replicate the current regulatory system as much as possible.
  • Option B – Repeal the regulations and provide guidance notes. This is the DoH’s preferred option.
  • Option C – Replace with new, modernised regulations.

Stakeholders are asked to read through the:

and provide feedback on their preferred management option by completing the online cloth material survey (external site).

Consultation opens 16 July 2018.

Submissions are due by 14 September 2018 (8 week period)

Online consultation survey (external site)

Email: publichealthact@health.wa.gov.au

Mail: 

Cloth materials
Regulation review submission
Science and Policy Unit
Environmental Health Directorate 
Department of Health
PO Box 8172, 
Perth Business Centre, WA 6849
Managing sanitation provision and maintenance on construction sites and mobile, temporary or remote worksites

This discussion paper reviews the requirement to provide a temporary toilet at a construction site under the existing Health (Temporary Sanitary Conveniences) Regulations 1997 (external site) and the Health (Construction Work) Regulations 1973 (external site).

It explores how the management of sanitation provision and maintenance on construction sites and mobile, temporary or remote worksites in Western Australia should occur in the future with four options considered:
  • Option 1 – Retain Status Quo
  • Option 2 – Repeal without replacement
  • Option 3 – Repeal and replace with regulations under the Public Health Act 2016.
  • Option 4 – Repeal and create a public health guideline
The Department has identified option 4 as their preferred option which is to repeal the Health (Construction Work) Regulations 1973 and Part 3 of the Health (Temporary Sanitary Conveniences) Regulations 1997 and replace them with a guideline relating to sanitation provision and maintenance on construction sites and mobile, temporary or remote worksites. 

Stakeholders are asked to read through the:
  1. Discussion Paper – Managing sanitation provision and maintenance at construction sites and mobile, temporary or remote worksites (PDF 500KB) and 
  2. Draft Public Health Guideline – Sanitation provision and maintenance on construction sites and mobile, temporary or remote worksites (PDF 500KB).
and provide your feedback by completing the online survey (external site) or providing a written submission. 
Consultation opens 1 July 2018.

Submissions are due by 31 August 2018 (8 week period)

Online consultation survey (external site)

Email: publichealthact@health.wa.gov.au

Mail:
Science and Policy Unit
Regulation review submission
Environmental Health Directorate
Department of Health
PO Box 8172,
Perth Business Centre, WA 6849



Previous papers now closed

Discussion papers related to the following public health risks that have previously been consulted on are now closed. 

Discussion Paper Purpose of paper
Management of public health risks associated with morgues in WA discussion paper (PDF 1MB)

This paper focuses on determining the best option for managing the public health risks associated with the temporary storage of human remains (morgues) in a manner which maintains public health. 

Regulation review

The proposed regulations, which are subject to change based on public consultation and recommendations from Parliamentary Counsels Office, are outlined below.

Proposed new subsidiary legislative themes to be created under the Public Health Act 2016

  • Events regulations - Aims to manage public health risks associated with public events and mass gatherings. This is a newly proposed regulation.
  • Body art and personal appearance regulations - Aims to protect persons who participate in a body art or personal appearance type procedure from infectious diseases and other infections. This will include a review of the Health (Skin Penetration Procedure) Regulations 1998 and Hairdressing Establishment Regulations 1972
  • Built environment regulation: Aims to protect persons from public health risks related to the built environment. This will include a review of:
    • Health (Asbestos) Regulations 1992
    • Construction Camp Regulations
    • Health (Air-Handling and Water Systems) Regulations 1994
    • Health (Aquatic Facilities) Regulations 2007
    • Health (Public Buildings) Regulations 1992
    • Health (Temporary Sanitary Conveniences) Regulations 1997
    • Health Act (Carbon Monoxide) Regulations 1975
    • Health Act (Laundries and Bathrooms) Regulations 
    • Health (Garden Soil) Regulations 1998
    • Also may include provisions for:
      • Lodging Houses
      • Houses Unfit for Occupation
      • Morgues
  • Pest and vector regulation: Aims to protect persons from the public health risks from biting insects and pesticides used to control pest numbers. This will include the review of
    • Health (Pesticides) Regulations 2011
    • Health (Poultry Manure) Regulations 2001
    • And may include requirements to regulate mosquitoes
  • Water regulation: Aims to provide a risk-based legislative framework to all waters (drinking water, wastewater, recycled water and recreational water). This will include the review of:
    • Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974
    • Health Act (Underground Water Supply) Regulations 1959
    • Sewerage (Lighting, Ventilation and Construction) Regulations 1971

Regulations that may be repealed

Following consultation, it is anticipated that the below regulations may be repealed. A regulation will only be repealed where the public health risk can be appropriately managed through other means such as other legislation, local laws or a guideline.

  • Piggeries Regulations 1952
  • Health (Section 112(2) Prohibition) Regulations 2006
  • Health (Offensive Trades Fees) Regulations 1976
  • Fly Eradication Regulations 
  • Health (Prescribed Insect Pests) Regulations 1991

Regulation review process

During the development of new regulations the Department of Health must:

  1. Comply with the Department of Treasury's Regulatory Impact Assessment process which requires an analysis of any legislative proposals for WA. This includes the submission of a Preliminary Impact Statement (PIA) and Regulatory Impact Statement (RS) as required
  2. Undertake extensive consultation with local government, industry, public and other key stakeholder groups
  3. Liaise with the Department of Attorney General Parliamentary Counsels Office to draft the legislation
  4. Ensure all regulations are ready to be proclaimed on the same day 

Frequently asked questions

What does the regulation review programme mean for local government?

As a leading enforcement agency, local government has the opportunity to help shape the future of regulations to be created under the new Public Health Act to manage public health risks common to your local district.

The Department of Health strongly encourages local government representatives to provide feedback throughout the regulation review process and be engaged wherever possible.

Will any working groups be established? And how can I be involved?

Depending on the public health risk to be managed and the complexity of the proposed legislation to be developed, the Department may form working groups with representation from industry, State and local government, non-government agencies and associations to ensure key stakeholders have the opportunity to provide expert and practical advice in the development of the legislation.

Local government representatives will be encouraged to participate in these groups, and invitations will be circulated to all local governments seeking nominations to join any groups to be formed.

In some cases the Department has already established working groups, such as the Asbestos Advisory Group, and will continue to engage with members as required throughout the development of new legislation.

What does local government need to do?

Over the few next year the Department will be seeking ideas, suggestions and comments on a range of proposed legislative options to be managed under the Public Health Act.

Local government representatives are encouraged to read the discussion papers and complete the survey questions. It is important that the Department receives feedback as evidence that stakeholders do or do not support the proposal.

Please take the time to explain the reasons behind your suggestions and;

  • where possible provide evidence to support your views (such as statistics or references)
  • provide case studies of issues
  • provide estimates of any cost implications that may relate to the proposal and
  • provide examples of solutions.

Further information

For any queries please email publichealthact@health.wa.gov.au 

Last reviewed: 13-07-2018