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Delivering a Healthy WA

New Public Health Act for WA

  

Welcome


NEWS FLASH

The Government has given approval for drafting of the Public Health Bill to continue. This will enable the Draft Public Health Bill to proceed to final drafting and resolution of any outstanding matters prior to seeking a decision of Government to table the Bill in Parliament.

This process does not require any further public consultation due to the extensive consultation already undertaken since 2005 on the Discussion Paper and the draft Bill in 2008.

A New Public Health Act is being developed for Western Australia to better protect and promote public health as well as prevent illness and injury.

The current Health Act 1911 is long overdue for replacement with modern, flexible public health law, which provides appropriate and robust tools to tackle the traditional, as well as the new and emerging public health concerns of the 21st century. The most compelling reasons for replacement are that the current legislation:

  • is ineffective in tackling Aboriginal environmental health issues (e.g. the Health Act 1911 does not bind the Crown, with most Aboriginal communities on Crown Land or managed by Crown entities);
  • is outmoded and ineffective for 21st century communicable diseases situations;
  • does not provide a framework for dealing with public health emergencies;
  • does not have the flexibility to deal with emerging public health issues; such as pandemics or bio-terrorism.
  • does not take into account the spread of responsibility for health issues that has taken place in the last 50 or so years; and
  • lacks balance in providing for rights of individuals in relation to coercive powers.

A new Public Health Act is also part of the Department of Health’s Strategic Intent 2005-10, which states the need to “implement a legislative overhaul to underpin WA’s Health system” (Healthy Resources).

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