Go to whole of WA Government Search
Home About us Public Health Act Timeline to implement the Public Health Act 2016

Timeline to implement the Public Health Act 2016

As there is a significant amount of work required to transition to the new regulatory framework, implementation will occur in a staged manner over five stages.

This means that the Health (Miscellaneous Provisions) Act 1911, and all regulations made under that Act, will continue to be the main enforcement tool, until the provisions of the new Public Health Act are proclaimed over the coming years.

The five stages

Stage 5

Stage 5 will be rolled out through a phased implementation.

During stage 5, local government enforcement agencies will shift from the Health (Miscellaneous Provisions) Act 1911 framework to the Public Health Act 2016 for:

  • public health planning
  • public health policies
  • local laws
  • local government reporting and registration
  • licencing.

Stage 5 also includes the implementation of new regulations for environmental health to replace regulations from the Health (Miscellaneous Provisions) Act 1911.

Enforcement agencies now have the ability to issue improvement notices to people and businesses who breach a public health provision. When a person or business fails to comply with an enforcement order, an offence is committed and they can be prosecuted. The other major change is the requirement for State and local government to have public health plans in place.

Stage 4

Stage 4 came into effect in September 2017.

On stage 4 the following key provisions were enacted:

  • Part 3 – General public health duty
  • Part 4 – Serious public health risks and material public health risks
  • Part 9 – Notifiable infectious diseases & related conditions
  • Part 11 – Serious public health incident powers
  • Part 12 – Public health emergencies
  • Part 15 – Inquiries

New infectious disease regulations have been developed to support Part 9 of the Public Health Act 2016, related to notifiable infectious diseases and related conditions.

Equivalent provisions under the Health (Miscellaneous Provisions) Act 1911 relating to notifiable infectious diseases and related conditions were repealed at stage 4.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.

What provisions of the Public Health Act 2016 will be in effect following stage 4?

Provisions in the Public Health Act that will commence or already be in operation include:

  • 1 – Preliminary
  • 2 – Administration (Subdivision 1 (but only sections 6, 9 and 10) and Subdivision 2 and Divisions 2, 3 4 and 5)
  • 3 – General public health duty
  • 4 – Serious public health risks and material public health risks
  • 9 – Notifiable infectious diseases and related conditions
  • 11 – Serious public health incident powers
  • 12 – Public health emergencies
  • 13 – Compensation and insurance
  • 15 – Inquiries
  • 16 – Powers of entry, inspection and seizure
  • 17 – Crown exemptions
  • 18 – Liability, evidentiary and procedural provisions (only Divisions 1 and 2)
  • 19 – Miscellaneous (only Division 2,3,4,5 and 6)
  • 20 – Transitional and savings provisions (only sections 307, 308, 310, 309, 311, 312, 317, 320, 321 and 322)

Refer to page 6 of the Timeline for implementation fact sheet (PDF 420KB) for an overview of the provisions of Public Health Act 2016 (external site) that will be in effect and the provisions of the Health (Miscellaneous Provisions) Act 1911 that will continue to operate.

Local government

No action was required by local government to prepare for stage 4.

However, it is important for local government to note that even though the following parts came into effect at stage 4 they are not enforceable by local government following this stage:

  • Part 3 – General public health duty
  • Part 4 – Serious public health risks and material public health risks
  • Part 16 – Powers of entry, inspection and seizure

This is because all health legislation applicable to local government is still enacted under the Health (Miscellaneous Provisions) Act 1911.

The Health (Miscellaneous Provisions) Act 1911 will still be the principle enforcement tool for local governments at stage 4.

Parts 3, 4 and 16 whilst proclaimed are not intended to be used for matters still being regulated under the Health (Miscellaneous Provisions) Act 1911 e.g. environmental health matters.

Stage 3

Stage 3 was proclaimed on 24 January 2017.

Stage 3 involved key elements of the administrative framework provided by Part 2 of the Public Health Act 2016 coming into operation to replace the equivalent administrative framework provided by Part II of the Health Act 1911.

Local government preparation

At stage 3, the Health Act 1911 was renamed the Health (Miscellaneous Provisions) Act 1911. The Health (Miscellaneous Provisions) Act 1911 and subsidiary legislation continued to be the main enforcement tool for local government during stages 3 and 4.

The Table below outlines the provisions of the Public Health Act 2016 or the Public Health (Consequential Provisions) Act 2016 that came into operation at stage 3 and the actions that enforcement agencies should have undertaken to prepare for this stage.

Part to come into effect What this means Action required by local governments Supporting resources
Asbestos regulation amendments On 24 January 2017 the Health (Asbestos) Regulations 1992 was amended to:
  1. increase the penalties for offences under the regulations and
  2. enable local governments to issue infringement notices for specified offences.
The amendments were confirmed in the government gazetted dated 10 January 2017.
 About asbestos

Asbestos legislation – Information for local government

FAQs about theAsbestos Regulations Amendments
Changes to terminology

[Health (Consequential Provisions) Act 2016]
Terminology under the Health Act and all subsidiary regulations, as well as any WA legislation that references the Health Act, will change to reflect new terms coming into effect under thePublic Health Act 2016. This includes:
  • the “Health Act 1911” be renamed the “Health (Miscellaneous Provisions) Act 1911”
  • “Executive Director, Public Health” will be referred to as the “Chief Health Officer”
  • “environmental health officer” now referred as “authorised officer”
  1. It is important that local government officers refer to the Western Australian Legislation website for up to date copies of all Acts and regulations following stage 3 coming into operation. All terminology changes will be reflected in the amended legislation and made available online
  2. Any form prescribed under legislation must be updated
  3. Changes to the new terminology will need to be updated on any council correspondence including:
  • standard letters
  • council website content
  • information resources and guides
  • tandard forms
 Changes to terminology factsheet (PDF 150kb)
Designation of authorised officers

[Division 2 and Division 4 of thePublic Health Act 2016]

Designation of authorised officers, and appointment of environmental health officers must now be made under the Public Health Act 2016. This is the responsibility of local government enforcement agencies.

In order to minimise the impact on local governments, section 312 of the Public Health Act includes a transitional provision. Under that section, persons who are currently appointed as environmental health officers will be deemed to be designated as authorised officers for the purpose of the Public Health Act, the Health Act and a range of other relevant Acts.

Certificate of authority cards must be issued.
  1. Identify all persons who hold a current appointment as an environmental health officer (EHOs) who are to be automatically designated as an authorised officer under section 312
  2. Prepare a certificate of authority template (ID cards) for your local government in accordance with section 30
  3. Determine the designation requirements (e.g. the Acts or provisions of the Acts the person will be designated or any restrictions/limitations to the designation) to be included on the certificate of authority for each person to be designated as an authorised officer in accordance with section 30 and section 312
  4. Develop a list of authorised officers, which must be maintained [section 27]
 Designation of authorised officers
Certificate of authority template - non-prescribed forms
Designation of authorised officer presentation for stage 3 (external site)
Reporting requirements

[section 22 of the Public Health Act 2016]

Local governments are required to report on their performance of functions under the act from the date that stage 3 comes into effect.

The reporting period will be annually on a financial year basis. Reports will be required in October each year. At stage 3 reporting functions will be limited.
  1. Familiarise themselves with Section 22 and 16 of the Public Health Act
  2. Understand their functions under the Public Health Act that will come into operation at Stage 3.
  3. Determine who will be responsible for undertaking the reporting
  4. Assess current record keeping systems and their ability to assist with reporting
 Local government reporting at stage 3
Local government reporting at stage 3 presentation (external site)

Regulations that will be repealed

The following regulations and by-laws made under the Health (Miscellaneous Provisions) Act 1911 were repealed at stage 3:
  • Annual Report Form (Local Authorities) Regulations
  • Form for Result of Sample Analysis Regulations
  • Health Act (Local Authorities Sewerage Undertakings) Model By-Laws
  • Local Health Boards (Annual Statement of Accounts) Regulations 1961
  • Model By-laws - Handling Dead Bodies
  • Model By-laws – Series “A”.
All other regulations, by-laws and local laws made under the Health (Miscellaneous Provisions) Act 1911 remained in operation.
Stages 1 and 2

Stage 1 came into operation upon the date of Royal Assent of the Public Health Act 2016, 25 July 2016.

Stage 2 came into operation on the following day.

These 2 stages involved various technical matters required to facilitate the transition from the Health Act 1911 to the Public Health Act 2016.

The Health Act 1911 and its associated regulations, by-laws and local laws remained in force in during these stages.

Last reviewed: 08-03-2024
Produced by

Environmental Health Directorate

wa.gov.au