Public Health Bill 2014An exciting time for public health in WA

Update

Unlicensed Person – Individual $20,000

Body Corporate $100,000

Contravention of an enforcement order- Fine $50,000

- Daily Penalty $10,000

Failure to comply with requirements of an authorised officer - $10,000

Obstruct, assault, intimidate or falsely represent - $10,000.

Penalties

Part 4 – Serious public health risks and material Part 4 – Serious public health risks and material public health riskspublic health risks

• This Part provides a broad and flexible offence framework that is capable of capturing both known public health risks and those that will emerge in the future.

• This Part provides a distinction based on the degree of risk that was or may have been caused by the conduct, namely whether the risk was a “material public health risk” or a “serious public health risk”

• This Part provides for penalties based on the level of risk.

• This Part provides a broad and flexible offence framework that is capable of capturing both known public health risks and those that will emerge in the future.

• This Part provides a distinction based on the degree of risk that was or may have been caused by the conduct, namely whether the risk was a “material public health risk” or a “serious public health risk”

• This Part provides for penalties based on the level of risk.

a. means a public health risk involving potential harm to public health that is neither trivial nor negligible; and

b. includes a public health risk declared by regulations to be a material public health risk; but

c. does not include a public health risk declared by the regulations not to be a material public health risk.

Penalty $100k Daily Penalty $20K Imprisonment for up to 2 years

Material public health risk

Serious public health riska. means a public health risk involving potential harm to public health

that is irreversible, of a high impact or on a wide scale; and

b. includes a public health risk declared by regulations to be a serious public health risk; but

c. does not include a public health risk declared by the regulations not to be a serious public health risk.

Penalty $250k Daily Penalty $50K Imprisonment for up to 3 years

Consequential Amendments Bill

Has been drafted alongside the Bill

Lists the changes that will be made to the 1911 Act and other affected legislation

Will be enacted in stages as subsidiary legislation is developed

Health Act 1911I – PreliminaryII – AdministrationIII – FinancialIV – Sanitary ProvisionsV – DwellingsVI – Public BuildingsVII – Nuisances and Offensive TradesVIIA – Drugs, medicines, disinfectants,

therapeutic substances and pesticidesVIIIA – Analytical ServicesIX – Infectious DiseasesIXA – PreventionX – TuberculosisXI – Venereal DiseasesXII – HospitalsXIIA – Community Health CentresXIII – Child Health and Preventative MedicineXIIIA – Maternal Mortality CommitteeXIIIB – Perenatal and Infant Mortality

CommitteeXIII C – Anaesthetic Mortality CommitteeXIV – Regulations and By-LawsXV – Miscellaneous Provisions

Public Health BillI – PreliminaryII – AdministrationIII – General Public Health DutyIV – Serious Public health Risks & Material

Public Health RisksV – Public Health PlansVI – Public Health AssessmentsVII – Registration and LicensingVIII – Notifiable Infectious Diseases & Related

ConditionsIX – Non-infectious Diseases & Physical Or

Functional AbnormalitiesX – Serious Public Health PowersXI – Public Health EmergenciesXII – Compensation and InsuranceXIII – Improvement Notices & Enforcement

OrdersXIV – InquiriesXV – Powers of Entry, Inspection & SeizureXVI – Crown ExemptionsXVII – Liability, Evidentiary & Procedural

ProvisionsXVIII – MiscellaneousIXX – Transitional & Savings Provisions

How Will a Staged Introduction Work? Present Position

Health Act 1911I – PreliminaryII – AdministrationIII – FinancialIV – Sanitary ProvisionsV – DwellingsVI – Public BuildingsVII – Nuisances and Offensive TradesVIIA – Drugs, medicines, disinfectants,

therapeutic substances and pesticidesVIIIA – Analytical ServicesIX – Infectious DiseasesIXA – PreventionX – TuberculosisXI – Venereal DiseasesXII – HospitalsXIIA – Community Health CentresXIII – Child Health and Preventative MedicineXIIIA – Maternal Mortality CommitteeXIIIB – Perenatal and Infant Mortality

CommitteeXIII C – Anaesthetic Mortality CommitteeXIV – Regulations and By-LawsXV – Miscellaneous Provisions

On ProclamationPublic Health Act 2014I – PreliminaryII – AdministrationIII – General Public Health DutyIV – Serious Public health Risks & Material

Public Health RisksV – Public Health PlansVI – Public Health AssessmentsVII – Registration and LicensingVIII – Notifiable Infectious Diseases & Related

ConditionsIX – Non-infectious Diseases & Physical Or

Functional AbnormalitiesX – Serious Public Health PowersXI – Public Health EmergenciesXII – Compensation and InsuranceXIII – Improvement Notices & Enforcement

OrdersXIV – InquiriesXV – Powers of Entry, Inspection & SeizureXVI – Crown ExemptionsXVII – Liability, Evidentiary & Procedural

ProvisionsXVIII – MiscellaneousIXX – Transitional & Savings Provisions

12 Months later (example)Health Act 1911I – PreliminaryII – AdministrationIII – FinancialIV – Sanitary ProvisionsV – DwellingsVI – Public BuildingsVII – Nuisances and Offensive TradesVIIA – Drugs, medicines, disinfectants,

therapeutic substances and pesticidesVIIIA – Analytical ServicesIX – Infectious DiseasesIXA – PreventionX – TuberculosisXI – Venereal DiseasesXII – HospitalsXIIA – Community Health CentresXIII – Child Health and Preventative MedicineXIIIA – Maternal Mortality CommitteeXIIIB – Perenatal and Infant Mortality

CommitteeXIII C – Anaesthetic Mortality CommitteeXIV – Regulations and By-LawsXV – Miscellaneous Provisions

Public Health Act 2014I – PreliminaryII – AdministrationIII – General Public Health DutyIV – Serious Public health Risks & Material

Public Health RisksV – Public Health PlansVI – Public Health AssessmentsVII – Registration and LicensingVIII – Notifiable Infectious Diseases & Related

ConditionsIX – Non-infectious Diseases & Physical Or

Functional AbnormalitiesX – Serious Public Health PowersXI – Public Health EmergenciesXII – Compensation and InsuranceXIII – Improvement Notices & Enforcement

OrdersXIV – InquiriesXV – Powers of Entry, Inspection & SeizureXVI – Crown ExemptionsXVII – Liability, Evidentiary & Procedural

ProvisionsXVIII – MiscellaneousIXX – Transitional & Savings Provisions

End resultHealth Act 1911I – PreliminaryII – AdministrationIII – FinancialIV – Sanitary ProvisionsV – DwellingsVI – Public BuildingsVII – Nuisances and Offensive TradesVIIA – Drugs, medicines, disinfectants,

therapeutic substances and pesticidesVIIIA – Analytical ServicesIX – Infectious DiseasesIXA – PreventionX – TuberculosisXI – Venereal DiseasesXII – HospitalsXIIA – Community Health CentresXIII – Child Health and Preventative MedicineXIIIA – Maternal Mortality CommitteeXIIIB – Perenatal and Infant Mortality

CommitteeXIII C – Anaesthetic Mortality CommitteeXIV – Regulations and By-LawsXV – Miscellaneous Provisions

Public Health Act 2014I – PreliminaryII – AdministrationIII – General Public Health DutyIV – Serious Public health Risks & Material

Public Health RisksV – Public Health PlansVI – Public Health AssessmentsVII – Registration and LicensingVIII – Notifiable Infectious Diseases & Related

ConditionsIX – Non-infectious Diseases & Physical Or

Functional AbnormalitiesX – Serious Public Health PowersXI – Public Health EmergenciesXII – Compensation and InsuranceXIII – Improvement Notices & Enforcement

OrdersXIV – InquiriesXV – Powers of Entry, Inspection & SeizureXVI – Crown ExemptionsXVII – Liability, Evidentiary & Procedural

ProvisionsXVIII – MiscellaneousIXX – Transitional & Savings Provisions