Regulation review program

Stage 5 of the Public Health Act 2016 WA will bring all of the proposed environmental health regulations into effect. All regulations under the Health (Miscellaneous Provisions) Act 1911as well as a number of provisions within the Act, have been reviewed to determine which public health risks should continue to be regulated under the framework provided by the Public Health Act or alternatively managed in other ways such as by other legislation or a guideline.

WA Health is committed to working with local governments as co-regulators in accordance with the State and Local Government Partnership Agreement (external site). This commitment also applies to the implementation of any new legislative instruments and the adequate preparation of information and guidance material to support local governments in anticipation of the roll-out of Stage 5.

Consultation conducted to date

Public health risk Consultation paper Purpose Consultation summary

Air-handling / cooling tower / water systems

Air-handling and water systems of commercial buildings review (PDF 6MB)

Air-handling and water systems of commercial buildings review – Part 2 (PDF 1MB)

Consultation occurred from May to 31 July 2019and May 2020 to August 2020

These discussion papers reviewed the management of public health risks for buildings with air-handling and water systems, currently regulated under the Health (Air-handling and Water Systems) Regulations 1994 (Part 1) and suggested proposed regulation content (Part 2).
Consultation summary for the air-handling and water systems review Part 1 and 2 discussion papers (500kb PDF)


Aquatic facilities
Management of the public health risks associated with aquatic facilities in Western Australia Discussion Paper (PDF 1MB)
Consultation occurred from September 2018 to 30 November 2018.
The key focus of this review is to obtain stakeholder feedback on the most effective option for the management of public health risks associated with aquatic facilities in WA.
Aquatic facilities consultation summary (1.5MB PDF)


Asbestos
Discussion paper not available electronically.
Consultation occurred in 2014
The discussion paper proposed changes to the Health (Asbestos) Regulations 1992 (external site).
Consultation summary not available electronically.


Body art and personal appearances services regulation review
Discussion Paper on the revision of the skin penetration and hairdressing regulations (1MB PDF)
Consultation occurred from December 2013 to March 2014
The Discussion Paper outlined proposed changes to the Health (Skin Penetration Procedures) Regulation 1998 (external site)of these services. This consultation occurred prior to the enactment of the Public Health Act 2016.

Consultation summary - Body art and personal services review (100KB PDF)


Cloth materials
Cloth materials discussion paper (PDF 500KB)
Consultation occurred from July 2018 to 14 September 2018 (8 week period)
This discussion paper reviewed 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.
Consultation summary - Cloth materials (250KB PDF)


Commercial garden soils
Commercial Garden Soil Regulation Review Discussion Paper (PDF 5MB)
Consultation occurred from December 2018 to February 2019
The Discussion Paper reviews the management of this public health risk of commercial garden soils which include packaged potting mixes and bulk soil supplies, have been associated with a number of cases of Legionnaires’ disease in WA, as a result of exposure to the bacteria Legionella longbeachae. This risk is currently managed under the Health (Garden Soil) Regulations 1998.
Garden soil consultation summary (1MB PDF)


Construction sites, temporary or remote worksites
Discussion Paper – Managing sanitation provision and maintenance at construction sites and mobile, temporary or remote worksites (PDF 500KB)
Consultation occurred from the 1 July 2018 to 31 August 2018 (8 week period)
The discussion paper reviewed 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 preferred option was to repeal the regulations and replace with an industry guideline -Draft Public Health Guideline – Sanitation provision and maintenance on construction sites and mobile, temporary or remote worksites (PDF 500KB)
Construction sites summary paper (250KB PDF)


Drinking water
A new regulatory framework for drinking water in Western Australia (PDF 1.5MB)
Consultation occurred from May to 30 August 2019
This discussion paper reviews the most effective option for managing the public health risks associated with drinking water in WA.
Drinking water consultation summary (PDF 617KB)


Events Managing public health risks at events in Western Australia discussion paper (PDF 5.9MB)
Consultation occurred from April to June 2019
This discussion paper reviews the management of public health risks at events in Western Australia, currently managed under the Health (Public Buildings) Regulations 1992 (external site).
Events Consultation Summary (150KB PDF)


Hairdressing establishment review
Proposed repeal of the Hairdressing Establishment Regulations 1972 discussion paper (PDF 500KB)
Consultation occurred from January 2016 to 20 March 2016
The discussion paper proposed the repeal of the Hairdressing Establishment Regulations 1972 (external site), with replacement by an industry guideline. This consultation occurred prior to the enactment of the Public Health Act 2016.
Consultation summary - Hairdressing establishment review (100KB PDF)


Housing
Managing housing risks in WA (PDF 2,706KB)
Consultation occurred from September to 12 December 2019
This paper determines whether the public health risks from housing must continue to be regulated or whether these risks can be effectively managed through an alternative approach, such as other State legislation, a guideline or a local law.
Consultation summary report–Managing housing health risks in WA (PDF 664KB).


Lodging houses Managing lodging house health risks in Western Australia (PDF 1.12MB) Consultation occurred from January to April 2020 The discussion paper reviews the management of public health risks for lodging houses currently regulated under the Health (Miscellaneous Provisions) Act 1911. Consultation summary report- Managing lodging house health risks in WA (PDF 879KB)

Morgues Management of public health risks associated with morgues in WA discussion paper (PDF 1MB) Consultation occurred from September 2017 to 30 December 2017
This paper focused 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.
Morgues consultation summary (250KB PDF)


Offensive trades
Management of public health risks related to offensive trades in Western Australia discussion paper (PDF 4 MB)
Consultation occurred from April to 31 July 2019
This discussion paper (PDF 4MB)reviews the most effective option for managing the public health risks associated with offensive trades in WA to meet community needs into the future.
Offensive Trades Summary (PDF 1.2MB)


Pesticides
Managing public health risks associated with pesticides in Western Australia (PDF 838KB)
Consultation occurred from July to October 2019
This discussion Paper (PDF 838KB)reviews the management of pesticides in Western Australia, currently managed under the Health (Pesticide) Regulations 2011(external site).
Pesticide regulations consultation summary (1.5MB PDF)


Public buildings
Managing public health risks in public buildings in Western Australia discussion paper (PDF 13MB)
Consultation occurred from November 2018 to February 2018
This discussion paper reviews the management of public health risks in WA public buildings as prescribed by the Health (Public Buildings) Regulations 1992 (external site).
Public building consultation summary (1MB PDF)


Temporary toilets design and construction Temporary Toilets Discussion Paper (PDF 500KB)
Consultation occurred from 14 July to 14 September 2018
This discussion paper reviewed 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. Please note the discussion paper refers to the2017 Accessible Temporary Toilets Survey (PDF 500KB)
Consultation summary - Temporary toilets design and construction (100KBPDF)

 Wastewater Managing public health risks from wastewater conveyance, treatment and disposal in Western Australia Discussion Paper (PDF 500KB) Consultation occurred from 9 February to 11 June 2021              

This paper explored the creation of a new regulatory framework for wastewater conveyance, treatment and disposal. 

The Department of Health must determine the best way to manage the health risks from wastewater in the future, including the ability to capture new technology as it is developed. This paper discusses the options for the regulation of wastewater management including:
  • retaining the status quo and replicating as far as practicable the relevant provisions of the Health (MP) Act
  • deregulating the industry and repealing the current legislation associated with wastewater management, or
  • developing a new risk based regulatory framework for wastewater management to address the public health risks and cover areas that are not currently regulated.
Consultation summary – Managing public health risks from wastewater conveyance, treatment and disposal (PDF 2MB)
 

Environmental health risk themes proposed to be regulated under the Public Health Act 2016

  • Events - Aims to manage public health risks associated with public events and mass gatherings. This is a newly proposed regulation.
  • Personal appearance services - Aims to protect persons who participate in a body art or personal appearance service 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 - 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 and houses unfit for occupation

  • Pesticides - 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
  • Water - 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 

Further information

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

Last reviewed: 08-12-2022
Produced by

Environmental Health Directorate