Regulation review program

In the lead up to stages 4 and 5 of implementation of the Public Health Act 2016 WA Health must review:

to determine whether these public health risks must continue to be regulated under the new regulatory framework provided by the Public Health Act.

WA Health is committed to consulting with key stakeholders prior to repealing or replacing any legislation.

Discussion papers - soon to be released for consultation

Discussion papers related to the following public health risks will soon be open for public consultation. 

Discussion Paper Aim
Managing the public health risks of biting insects in WA  This discussion paper examines the risks that biting insects present to public health and provides options to enable more effective reduction of these risks in WA. 
Management of public health risks associated with morgues in WA
This paper will focus 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. 
Temporary toilet design and construction discussion paper 

This paper looks at how the design and construction of temporary toilets is managed in WA under the existing Health (Temporary Sanitary Conveniences) Regulations 1997 (external site)and provides a number of options for the adequate design into the future. The paper discusses both standard and accessible temporary toilets to ensure that all sectors of society are provided with toilets that they can use and that will work effectively. 

As part of the review the Department of Health noted that there is no regulation of the design and construction of accessible temporary toilets. The Department commissioned the Accessible Temporary Toilets Survey (PDF 500KB) in 2016/2017 to determine how this lack of regulation was impacting the disability community.
Managing sanitation provisions at construction sites and mobile, temporary, or remote work sites 

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).

The paper outlines a number of possible management options to ensure that the public health needs of workers are met.

Previous consultations

Discussion documents Aim  
Implementation of infectious disease provisions explanatory document (PDF 200KB)
Consultation Draft of Public Health Regulations 2017 (PDF 1MB)
In the lead up to stage 4 of implementation of the Public Health Act 2016, new infectious disease regulations must be developed to support Part 9 of the Public Health Act 2016, related to notifiable infectious diseases and related conditions, coming into effect. 

Equivalent provisions under the Health (Miscellaneous Provisions) Act 1911 (external site) relating to notifiable infectious diseases and related conditions will be 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. 
Refer to the Consultation Draft of Public Health Regulations 2017 (PDF 1MB) of the proposed Regulations and the Implementation of infectious disease provisions explanatory document (PDF 200KB) for an overview of the proposed legislative changes. 

Please note that the responsibilities and processes currently in place for notification of and response to notifiable infectious diseases and conditions in WA should continue seamlessly following the commencement of Part 9 of the Public Health Act. Much of the current process for notification and public health communicable disease control response operates by convention, rather than based on clear legislative requirements within the Health (Miscellaneous Provisions) Act 1911, because either it is silent or the relevant provisions are archaic. Conversely, the infectious disease provisions of the Public Health Act 2016 and the draft Public Health Regulations 2017 have been formulated to reflect current arrangements, and to also provide appropriate safeguards and protections relevant to the modern era.
 


Further information

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