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

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Presentation on theme: "Public Health Bill 2014 An exciting time for public health in WA."— Presentation transcript:

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

2 Update

3  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

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

5 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

6 Serious public health risk a.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

7 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

8 Health Act 1911 I – Preliminary II – Administration III – Financial IV – Sanitary Provisions V – Dwellings VI – Public Buildings VII – Nuisances and Offensive Trades VIIA – Drugs, medicines, disinfectants, therapeutic substances and pesticides VIIIA – Analytical Services IX – Infectious Diseases IXA – Prevention X – Tuberculosis XI – Venereal Diseases XII – Hospitals XIIA – Community Health Centres XIII – Child Health and Preventative Medicine XIIIA – Maternal Mortality Committee XIIIB – Perenatal and Infant Mortality Committee XIII C – Anaesthetic Mortality Committee XIV – Regulations and By-Laws XV – Miscellaneous Provisions Public Health Bill I – Preliminary II – Administration III – General Public Health Duty IV – Serious Public health Risks & Material Public Health Risks V – Public Health Plans VI – Public Health Assessments VII – Registration and Licensing VIII – Notifiable Infectious Diseases & Related Conditions IX – Non-infectious Diseases & Physical Or Functional Abnormalities X – Serious Public Health Powers XI – Public Health Emergencies XII – Compensation and Insurance XIII – Improvement Notices & Enforcement Orders XIV – Inquiries XV – Powers of Entry, Inspection & Seizure XVI – Crown Exemptions XVII – Liability, Evidentiary & Procedural Provisions XVIII – Miscellaneous IXX – Transitional & Savings Provisions How Will a Staged Introduction Work? Present Position

9 Health Act 1911 I – Preliminary II – Administration III – Financial IV – Sanitary Provisions V – Dwellings VI – Public Buildings VII – Nuisances and Offensive Trades VIIA – Drugs, medicines, disinfectants, therapeutic substances and pesticides VIIIA – Analytical Services IX – Infectious Diseases IXA – Prevention X – Tuberculosis XI – Venereal Diseases XII – Hospitals XIIA – Community Health Centres XIII – Child Health and Preventative Medicine XIIIA – Maternal Mortality Committee XIIIB – Perenatal and Infant Mortality Committee XIII C – Anaesthetic Mortality Committee XIV – Regulations and By-Laws XV – Miscellaneous Provisions On Proclamation Public Health Act 2014 I – Preliminary II – Administration III – General Public Health Duty IV – Serious Public health Risks & Material Public Health Risks V – Public Health Plans VI – Public Health Assessments VII – Registration and Licensing VIII – Notifiable Infectious Diseases & Related Conditions IX – Non-infectious Diseases & Physical Or Functional Abnormalities X – Serious Public Health Powers XI – Public Health Emergencies XII – Compensation and Insurance XIII – Improvement Notices & Enforcement Orders XIV – Inquiries XV – Powers of Entry, Inspection & Seizure XVI – Crown Exemptions XVII – Liability, Evidentiary & Procedural Provisions XVIII – Miscellaneous IXX – Transitional & Savings Provisions

10 12 Months later (example) Health Act 1911 I – Preliminary II – Administration III – Financial IV – Sanitary Provisions V – Dwellings VI – Public Buildings VII – Nuisances and Offensive Trades VIIA – Drugs, medicines, disinfectants, therapeutic substances and pesticides VIIIA – Analytical Services IX – Infectious Diseases IXA – Prevention X – Tuberculosis XI – Venereal Diseases XII – Hospitals XIIA – Community Health Centres XIII – Child Health and Preventative Medicine XIIIA – Maternal Mortality Committee XIIIB – Perenatal and Infant Mortality Committee XIII C – Anaesthetic Mortality Committee XIV – Regulations and By-Laws XV – Miscellaneous Provisions Public Health Act 2014 I – Preliminary II – Administration III – General Public Health Duty IV – Serious Public health Risks & Material Public Health Risks V – Public Health Plans VI – Public Health Assessments VII – Registration and Licensing VIII – Notifiable Infectious Diseases & Related Conditions IX – Non-infectious Diseases & Physical Or Functional Abnormalities X – Serious Public Health Powers XI – Public Health Emergencies XII – Compensation and Insurance XIII – Improvement Notices & Enforcement Orders XIV – Inquiries XV – Powers of Entry, Inspection & Seizure XVI – Crown Exemptions XVII – Liability, Evidentiary & Procedural Provisions XVIII – Miscellaneous IXX – Transitional & Savings Provisions

11 End result Health Act 1911 I – Preliminary II – Administration III – Financial IV – Sanitary Provisions V – Dwellings VI – Public Buildings VII – Nuisances and Offensive Trades VIIA – Drugs, medicines, disinfectants, therapeutic substances and pesticides VIIIA – Analytical Services IX – Infectious Diseases IXA – Prevention X – Tuberculosis XI – Venereal Diseases XII – Hospitals XIIA – Community Health Centres XIII – Child Health and Preventative Medicine XIIIA – Maternal Mortality Committee XIIIB – Perenatal and Infant Mortality Committee XIII C – Anaesthetic Mortality Committee XIV – Regulations and By-Laws XV – Miscellaneous Provisions Public Health Act 2014 I – Preliminary II – Administration III – General Public Health Duty IV – Serious Public health Risks & Material Public Health Risks V – Public Health Plans VI – Public Health Assessments VII – Registration and Licensing VIII – Notifiable Infectious Diseases & Related Conditions IX – Non-infectious Diseases & Physical Or Functional Abnormalities X – Serious Public Health Powers XI – Public Health Emergencies XII – Compensation and Insurance XIII – Improvement Notices & Enforcement Orders XIV – Inquiries XV – Powers of Entry, Inspection & Seizure XVI – Crown Exemptions XVII – Liability, Evidentiary & Procedural Provisions XVIII – Miscellaneous IXX – Transitional & Savings Provisions


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