Public Health Act 2016 An exciting time for public health in WA

Public Health Act 2016 An exciting time for public health in WA

Current Status The Public Health Bill 2014 was agreed by both Houses of Parliament on 30 th June 2016. Received Royal Assent 25 th July 2016. Stage 3 of implementation occurred on 24 th January 2017. Stage 4 is scheduled to occur on 20 th September 2017. Stage 5 will occur 2 3 years from now.

Current Status - Stage 3 Health (MP) 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 Perinatal and Infant Mortality Committee XIII C Anaesthetic Mortality Committee XIV Regulations and By-Laws XV Miscellaneous Provisions Public Health Act 2016 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 Policies VII - Public Health Assessments VIII Registration and Licensing IX Notifiable Infectious Diseases & Related Conditions X Non-infectious Diseases & Physical Or Functional Abnormalities XI Serious Public Health Powers XII Public Health Emergencies XIII Compensation and Insurance XIV Improvement Notices & Enforcement Orders XV Inquiries XVI Powers of Entry, Inspection & Seizure XVII Crown Exemptions XVIII Liability, Evidentiary & Procedural Provisions IXX Miscellaneous XX Transitional & Savings Provisions

Stage 3 Represented administrative and legal amendments Amendments to the Health Act 1911 and to a range of other Acts to provide consistent terminology with that of the new Act. Old Terminology (Health Act 1911) Health Act 1911 Executive Director, Public Health Environmental Health Officer Medical Officer New Terminology (Public Health Act 2016) Health (Miscellaneous Provisions) Act 1911 Chief Health Officer Authorised Officer Medical Practitioner Appointment of designated authorised officers was required At stage 3 the Health (MP) Act 1911 and it subsidiary legislation remains in place.

What has the DOH been doing? Continuous update of website and factsheets. Commenced the review of the existing legislation. Developed the Public Health Act 2016 Handbook to be published soon.

Public Health Act Reference Group Representatives from 18 local governments, WALGA and DOH Aims: o ensure that local government are represented the development of all resources and regulations o guide the consistent and practical administration of the Act and subsidiary legislation. o provide the first review of resources including toolkits, policies, prescribed forms and guidelines.

Public Health Act Reference Group Members: David Cook Dave Hadden Dimity Hargrave Kim Frost Tanya Gillett Nick Jones Steve Kirpkurgat Eugene Lee Stuart Martin Felix Neuweiler Martin Shurlock Charles Slavich Scott Teymant Katy Trevaskis Tony Turner Sarah Upton Craig Watts Peter Zenni Evie Devitt-Rix (WALGA) Bree Abbott (DOH) Kelly Crossley (DOH) Matthew Lester (DOH) Jodie Holbrook (WALGA) Ali Barratt-Lennard (DOH) Donald Howell (DOH) Shae MacGregor (DOH)

First Interim State Public Health Plan The First Interim State Public Health Plan was released on 25 th July 2017 The Plan has been developed by the Chief Health Officer and is the first step towards complying with section 43, Part 5 of the Public Health Act 2016. Public health planning is not required until stage 5 of implementation, but was developed to support local governments who wish to continue to be proactive developing their local public health plans.

First Interim State Public Health Plan It is a draft document that has been released for consultation, targeted at local governments. Consultation is available online and closes on 1 st December 2017. The second phase of consultation will target WA State Governments, non-government organisations and other health bodies. The Department of Health is developing tools and resources to support local government in the development of their local public health plans.

Local Government Reporting Section 22 requires enforcement agencies to report on their performance of functions under the Public Health Act 2016. At stage 3 many of these functions will not yet be in operation. Initial reporting under the Public Health Act will therefore be limited and is being undertaken in conjunction with that done under the Food Act 2008. Reports are due by the 31 st August 2017.

Local Government Optional Reporting Local Governments were also asked a number of optional questions about the 2016/17 financial year. This is to assist the Department of Health in the regulatory review process that is occurring as part of the Public Health Act 2016 implementation. All regulations must be evidence based. RGU Assessment requires presentation of the scale of an issue and an assessment of the financial impact of a proposed intervention. The link for optional reporting will be live until the 29 th September 2017.

Stage 4

Stage 4 20 th September 2017 Commencement of provisions relating to: Communicable Disease Control Emergency Management Roll out of Notifiable Infectious Diseases Provisions Public Health Emergencies Provisions Serious Public Health Incident Powers

Stage 4 Health (MP) 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 Perinatal and Infant Mortality Committee XIII C Anaesthetic Mortality Committee XIV Regulations and By-Laws XV Miscellaneous Provisions Public Health Act 2016 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 Policies VII - Public Health Assessments VIII Registration and Licensing IX Notifiable Infectious Diseases & Related Conditions X Non-infectious Diseases & Physical Or Functional Abnormalities XI Serious Public Health Powers XII Public Health Emergencies XIII Compensation and Insurance XIV Improvement Notices & Enforcement Orders XV Inquiries XVI Powers of Entry, Inspection & Seizure XVII Crown Exemptions XVIII Liability, Evidentiary & Procedural Provisions IXX Miscellaneous XX Transitional & Savings Provisions

Notifiable Infectious Diseases At this stage the following regulations will be repealed and replaced with a new regulation; o Health (Notification of Adverse Event After Immunization) Regulations 1995 o Health (Notification of Intussusception) Regulations 2007 o Health (Venereal Diseases) Regulations 1973 o Health (Immunisation by Local Governments) Regulations 2000 o Health (Notification of Acute Rheumatic Fever) Regulations 2007

Public Health Emergencies and Serious Incident Powers Being managed by DPMU Guidance information will be added to the website The State Emergency Plan will be published.

Amendment of the Health (Asbestos) Regulations 1992 Currently; A local government may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2. At stage 4, the following will be inserted, 15(7) A local government may delegate a power or duty conferred or imposed on it by this regulation to the chief executive officer of the local government. Also, Reg 8 to be amended such that appeals are directed to SAT, not the CHO.

Stage 5 Regulation Review Program

Regulations There are currently 22 pieces of subsidiary legislation that sit under the Health (MP) Act 1911 related to environmental health All existing subsidiary legislation will be reviewed, repealed and replaced with streamlined, manageable number of new Regulations Preparing new regulations o o o o o Research Discussion Paper Consultation Prepare RGU documentation Draft Regulations

Built Environment Regulation Proposal to replace and update o Construction Camp Regulations o Health (Air-Handling and Water Systems) Regulations 1994 o Health (Aquatic Facilities) Regulations 2007 o Health (Asbestos) Regulations 1992 o Health (Public Buildings) Regulations 1992 o Health (Temporary Sanitary Conveniences) Regulations 1997 o Health Act (Carbon Monoxide) Regulations 1975 o Health Act (Laundries and Bathrooms) Regulations o Health (Garden Soil) Regulations 1998 o Sewerage (Lighting, Ventilation and Construction) Regulations 1971

Built Environment Regulation Also to include provisions for o Lodging Houses o Houses unfit for occupation o Temporary morgues o Offensive Trades

Built Environment Regulation Public Buildings The DOH has formed a working group to review the existing Health (Public Buildings) Regulations 1992. Submission made to Australian Building Codes Board to include WA specific requirements in BCA Discussion paper being developed in consultation with the working group.

Built Environment Regulation Temporary Morgues Discussion paper has been developed and will be released very soon. Aquatic Facilities The DOH has formed a working group to review the existing Regulations and Code of Practice. Draft Discussion Paper has been developed and presented to the working group for comment prior to public release.

Personal Safety Regulation To replace: o Hairdressing Establishment Regulations 1972 o Health (Cloth Materials) Regulations 1985 o Health (Skin Penetration Procedure) Regulations 1998 Discussion paper released in 2014 Repeal the Hairdressing Regs and Cloth Materials Regs and replace with Guidelines Replace and update the Skin Pen Regs

Pests & Vectors Regulation To replace and update: o Fly Eradication Regulations o Health (Pesticides) Regulations 2011 o Health (Prescribed Insect Pests) Regulations 1991 And possibly include requirements to regulate mosquitoes Discussion paper has been drafted related to biting insects to be released soon. Discussion paper being drafted related to the Pesticides Regs

Water Regulation To replace: o Provisions in the Health Act 1911 o o Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974 Health Act (Underground Water Supply) Regulations 1959 Work is underway. Initially focussing on drinking water.

Events Regulation Required by the Parliamentary Inquiry into the Kimberley Ultramarathon. Proposal to; Require registration of events with the relevant local government Condition of registration will be compliance with the DOH Events Guidelines. LGs can add further conditions of registration. Discussion paper being drafted.

Local Laws Public Health Act does not include provisions to allow local laws to be made. Local Government Act 1995 has been amended to allow LGs to make local laws relating to public health under that Act. All new public health local laws can now be made under that Act. Existing local laws made under the Health Act 1911 will remain in effect until Stage 5. DOH working with WALGA and LGs to facilitate the move of local laws to sit under the LG Act.

Further Information Further information in regard to the Public Health Act 2016 is available on our website. Subscribe to email updates http://health.us7.listmanage.com/subscribe?u=bbc68d42eff51a06d25cb71db& id=618b4db23b Queries regarding the Act should be emailed to PublicHealthAct@health.wa.gov.au Speak to Matt, Bree, Ali or Kelly.

Questions?