Health Act 1911
Health (Venereal Diseases) Regulations 1973
Health Act 1911
Health (Venereal Diseases) Regulations 1973
Western Australia
Health (Venereal Diseases) Regulations 1973
Contents
1.Citation1
2A. Interpretation1
2B. Part IXA of Act applies to non‑infectious syphilis1
2C. Notification of non‑infectious syphilis by medical practitioners1
3.Form of notice2
4.Form of warrant2
5.Attendance at compulsory examination2
6.Apprehension and detention following report3
7.Warrant where condition infectious3
8.Effect of warrant3
9.Warrant to be executed4
Appendix
Notes
Compilation table11
Provisions that have not come into operation12
Defined terms
Western Australia
Health Act 1911
Health (Venereal Diseases) Regulations 1973
These regulations may be cited as the Health (Venereal Diseases) Regulations 1973 1.
[2. Omitted under the Reprints Act 1984 s. 7(4)(f).]
In these regulations —
the Act means the Health Act 1911 as amended.
[Regulation 2A inserted in Gazette 9 May 1975 p. 1298.]
2B. Part IXA of Act applies to non‑infectious syphilis
The non‑infectious stages of syphilis are prescribed conditions of health to which Part IXA of the Act applies.
[Regulation 2B inserted in Gazette 4 Jun 1982 p. 1792.]
2C. Notification of non‑infectious syphilis by medical practitioners
(1)A medical practitioner or nurse practitioner shall forthwith notify the Executive Director, Public Health in the form and manner approved by the Executive Director on becoming aware that any person attended or treated by him is suffering from syphilis in a non‑infectious stage.
[(2)deleted]
(3)A medical practitioner or nurse practitioner who contravenes subregulation (1) commits an offence and is liable to a penalty which is not more than $1 000 and not less than —
(a)in the case of a first offence, $100;
(b)in the case of a second offence, $200; and
(c)in the case of a third or subsequent offence, $500.
[Regulation 2C inserted in Gazette 4 Jun 1982 p. 1792; amended in Gazette 29 Jun 1984 p. 1782; 23 Dec 1988 p. 4974; 5 Sep 2006 p. 3618.]
The notice to be given by the Executive Director, Public Health pursuant to section 307(1) of the Act to any person believed or suspected to be suffering from venereal disease shall be according to the form numbered 1 in the appendix.
[Regulation 3 amended in Gazette 29 Jun 1984 p. 1782.]
Whenever by reason of the non‑production of the required certificate or, if produced, of the unsatisfactory nature thereof, the Executive Director, Public Health shall consider that the circumstances of the case require the issue of his warrant for the compulsory examination of such person, such warrant shall issue in the form numbered 2 in the appendix.
[Regulation 4 amended in Gazette 29 Jun 1984 p. 1782.]
5.Attendance at compulsory examination
Notice of the date, time and place of the compulsory examination referred to in the preceding regulation shall be given by post or by leaving the notice at the last known place of abode of the suspected person. If the suspected person fails to attend for examination in accordance with the requirements of the notice, the Executive Director, Public Health may issue a warrant in the form numbered 3 in the appendix for the apprehension of the suspected person for the purpose of examination aforesaid.
[Regulation 5 amended in Gazette 29 Jun 1984 p. 1782.]
6.Apprehension and detention following report
If, in the opinion of the Executive Director, Public Health, a report of examination is such as, in accordance with the provisions of section 307 of the Act, justifies the apprehension and detention of the person named in such report, the Executive Director, Public Health may issue his warrant accordingly and the warrant shall be in the form numbered 4 in the appendix.
[Regulation 6 amended in Gazette 29 Jun 1984 p. 1782.]
7.Warrant where condition infectious
The Executive Director, Public Health may, whenever the circumstances of the case so require, issue his warrant in the form numbered 5 in the appendix for the apprehension, if necessary, and further detention of any person suffering from venereal diseases in an infectious condition.
[Regulation 7 amended in Gazette 29 Jun 1984 p. 1782.]
Every warrant mentioned in these regulations shall be sufficient authority for the person or persons to whom it is directed —
(a)to apprehend the person named therein;
(b)to convey the person named therein to the place of examination or detention; and
(c)to detain the person in the place of detention for the period specified in the warrant.
Every warrant issued under these regulations shall have effect according to its tenor and all officials of the Health Department 2 and all governing authorities and officers of any hospital or place in which any person is detained under these regulations shall do all things necessary to carry into effect the provisions of these regulations.
[Regulation 9 amended in Gazette 29 Jun 1984 p. 1782.]
[10, 11.Deleted in Gazette 5 Sep 2006 p. 3618.]
Form No. 1
Health Act 1911
Health (Venereal Diseases) Regulations 1973
REQUEST FOR MEDICAL CERTIFICATE
To
of
TAKE NOTICE that, having reason to believe (or having reasonable grounds to suspect) that you are a person suffering from venereal disease, I hereby require you to consult a medical practitioner and to produce to my satisfaction within days of the service upon you of this notice a certificate under the hand of such medical practitioner that you are (or are not) suffering from venereal disease.
AND FURTHER TAKE NOTICE that if such certificate is not produced within the time stated or, if produced, is not to my satisfaction, a warrant for your compulsory examination may issue.
Dated at
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
Form No. 2
Health Act 1911
Health (Venereal Diseases) Regulations 1973
WARRANT FOR COMPULSORY EXAMINATION
To ......................................................................
....................................................................
Medical Officer of Health (or 2 medical practitioners).
WHEREAS on the day of 20 , a notice issued pursuant to regulation 3 was served upon of requiring him (or her) to consult a medical practitioner and to produce to my satisfaction within days a certificate of such medical practitioner that the said is (or is not) suffering from venereal disease, and whereas the time stated in such notice has expired but the said has not produced the required certificate (or, and whereas the certificate produced by the said is not to my satisfaction).
THESE ARE THEREFORE to authorise and require you forthwith to examine the said to ascertain whether he (or she) is suffering from venereal disease and to report the result of such examination to me.
Given under my hand at
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
Form No. 3
Health Act 1911
Health (Venereal Diseases) Regulations 1973
WARRANT FOR APPREHENSION AND DETENTION OF PERSON SUFFERING FROM VENEREAL DISEASE
To all Public Health Officials under the Health Act 1911, and to the Officer in Charge of the
WHEREAS on the day of , 20 , a warrant for the compulsory examination pursuant to regulation 4 of the above regulations, of a person believed or suspected to be suffering from venereal disease was issued but such person failed to attend at the appointed time and place as required by notice, in exercise of the powers conferred upon me by regulation 5 I hereby order you the said Public Health Officials forthwith to apprehend the said and convey him (or her) to for the purpose of examination in accordance with the terms of the warrant aforesaid.
Given under my hand at
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
Form No. 4
Health Act 1911
Health (Venereal Diseases) Regulations 1973
WARRANT FOR APPREHENSION AND DETENTION OF PERSON SUFFERING FROM VENEREAL DISEASE
To all Public Health Officials under the Health Act 1911, and to the Officer in Charge of the Hospital at .
WHEREAS on the day of , 20 , a warrant for the compulsory examination pursuant to regulation 4 of the above regulations of a person believed or suspected to be suffering from venereal disease was issued and in consequence of such examination it has been reported to me that the said is suffering from venereal disease in an infectious stage and is likely unless detained, to infect other persons.
IN EXERCISE of the powers conferred upon me by section 307 of the Health Act 1911, I hereby order you the said Public Health Officials forthwith to apprehend the said and convey him (or her) to the Hospital
at (or to convey the said from the hospital or other place at which he is now an inmate to the gaol hospital at ) and deliver him (or her) to the officer in charge thereof.
AND I ORDER YOU the officer in charge of the said hospital to receive the said into your care and to detain him (or her) for the period of 2 weeks or until his discharge shall be sooner ordered.
AND I FURTHER ORDER such bacteriological and other examinations and investigations as may reasonably be necessary to be made of and in respect of the said during such detention.
Given under my hand at
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
Form No. 5
Health Act 1911
Health (Venereal Diseases) Regulations 1973
WARRANT FOR (APPREHENSION AND) FURTHER DETENTION OF PERSON SUFFERING FROM VENEREAL DISEASE
To all Public Health Officials under the Health Act 1911, and to the Officer in Charge of the Hospital at .
WHEREAS on the day of , 20 , a warrant for the apprehension and detention of a person reported to be suffering from venereal disease was issued and pursuant thereto the said was on the day of , 20 , apprehended and conveyed to the hospital at .
AND WHEREAS the period of detention stated in the warrant having expired it appears to me that the said is suffering from venereal disease in an infectious condition and that it is necessary in the interests of the public further to detain the (or WHEREAS the said has absconded from the place of detention aforesaid) I THEREFORE AUTHORISE AND REQUIRE you the said Public Health Officials to apprehend the said and convey him (or her) to the hospital at and deliver him (or her) to the officer in charge thereof and I AUTHORISE AND REQUIRE you the said Officer in Charge of the said hospital to receive the said into your care and to detain the said for a further period of weeks or until his (or her) discharge shall be sooner ordered.
AND I HEREBY DIRECT that the said shall be subject during such detention to any such treatment and examination as I may think necessary in the circumstances.
Given under my hand at
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
[Forms 6-10 deleted in Gazette 5 Sep 2006 p. 3619.]
[Appendix amended in Gazette 9 May 1975 p. 1298‑9; 4 Jun 1982 p. 1792‑3; 29 Jun 1984 p. 1782; 27 Nov 1987 p. 4261; 5 Sep 2006 p. 3619.]
1This is a compilation of the Health (Venereal Diseases) Regulations 1973 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Health (Venereal Diseases) Regulations 1973 |
2 Mar 1973 p. 587‑9 |
2 Mar 1973 |
|
Untitled regulations |
9 May 1975 p. 1298-9 |
9 May 1975 |
|
Untitled regulations |
18 Feb 1977 p. 484 |
18 Feb 1977 |
|
Untitled regulations |
5 Aug 1977 p. 2545 |
5 Aug 1977 |
|
Health (Venereal Diseases) Amendment Regulations 1982 |
4 Jun 1982 p. 1792-3 |
4 Jun 1982 |
|
Health Legislation Amendment Regulations 1984 r. 4 |
29 Jun 1984 p. 1780-4 |
1 Jul 1984 (see r. 2) |
|
Reprint of the Health (Venereal Diseases) Regulations 1973 as at 1 Aug 1985 (see Gazette 29 Aug 1985 p. 3051-63) (includes amendments listed above) |
||
|
Health (Venereal Diseases) Amendment Regulations 1987 |
12 Jun 1987 p. 2323 |
12 Jun 1987 |
|
Health (Venereal Diseases) Amendment Regulations (No. 2) 1987 |
27 Nov 1987 p. 4261 |
1 Dec 1987 (see r. 2) |
|
Health (Offences and Penalties) Amendment Regulations (No. 2) 1988 Pt. 13 |
23 Dec 1988 p. 4970-5 |
23 Dec 1988 |
|
Reprint 2: The Health (Venereal Diseases) Regulations 1973 as at 18 Jul 2003 (includes amendments listed above) |
||
|
Health (Veneral Diseases) Amendment Regulations 2006 |
5 Sep 2006 p. 3618-19 |
5 Sep 2006 |
1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.
Provisions that have not come into operation
|
Citation |
Gazettal |
Commencement |
|
Health Regulations Amendment (Public Health) Regulations 2016 Pt. 25 3 |
10 Jan 2017 p. 237‑308 |
24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) |
2Under the Alteration of Statutory Designations Order (No. 3) 2001 references in any law, unless the contrary is intended, to the Health Department shall be read as references to the Department of Health.
3On the date as at which this compilation was prepared, the Health Regulations Amendment (Public Health) Regulations 2016 Pt. 25 had not come into operation. It reads as follows:
Part 25 — Health (Venereal Diseases) Regulations 1973 amended
93.Regulations amended
This Part amends the Health (Venereal Diseases) Regulations 1973.
94.Regulation 2A amended
(1)In regulation 2A insert in alphabetical order:
departmental officer has the meaning given in the Public Health Act 2016 section 4(1);
(2)In regulation 2A in the definition of the Act delete “Health Act 1911 as amended.” and insert:
Health (Miscellaneous Provisions) Act 1911.
95.Regulation 2C amended
In regulation 2C(1) delete “Executive Director” and insert:
Chief Health Officer
96.Regulation 9 amended
In regulation 9 delete “officials of the Health Department” and insert:
departmental officers
97.Appendix amended
(1)In Appendix Form No. 1:
(a)delete “Health Act 1911” and insert:
Health (Miscellaneous Provisions) Act 1911
(b)delete:
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
and insert:
CHIEF HEALTH OFFICER
(2)In Appendix Form No. 2:
(a)delete “Health Act 1911” and insert:
Health (Miscellaneous Provisions) Act 1911
(b)delete “Medical Officer of Health (or 2 medical practitioners).” and insert:
Two medical practitioners
(c)delete:
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
and insert:
CHIEF HEALTH OFFICER
(3)In Appendix Form No. 3:
(a)delete “Health Act 1911” and insert:
Health (Miscellaneous Provisions) Act 1911
(b)delete “Public Health Officials under the Health Act 1911,” and insert:
authorised officers under the Health (Miscellaneous Provisions) Act 1911,
(c)delete “Public Health Officials” and insert:
authorised officers
(d)delete:
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
and insert:
CHIEF HEALTH OFFICER
(4)In Appendix Form No. 4:
(a)delete “Health Act 1911” and insert:
Health (Miscellaneous Provisions) Act 1911
(b)delete “Public Health Officials under the Health Act 1911,” and insert:
authorised officers under the Health (Miscellaneous Provisions) Act 1911,
(c)delete “section 307 of the Health Act 1911,” and insert:
the Health (Miscellaneous Provisions) Act 1911 section 307,
(d)delete “Public Health Officials” and insert:
authorised officers
(e)delete:
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
and insert:
CHIEF HEALTH OFFICER
(5)In Appendix Form No. 5:
(a)delete “Health Act 1911” and insert:
Health (Miscellaneous Provisions) Act 1911
(b)delete “Public Health Officials under the Health Act 1911,” and insert:
authorised officers under the Health (Miscellaneous Provisions) Act 1911,
(c)delete “Public Health Officials” and insert:
authorised officers
(d)delete:
EXECUTIVE DIRECTOR,
PUBLIC HEALTH AND SCIENTIFIC SUPPORT SERVICES.
and insert:
CHIEF HEALTH OFFICER
98.Various references to “Executive Director, Public Health” amended
In the provisions listed in the Table delete “Executive Director, Public Health” (each occurrence) and insert:
Chief Health Officer
Table
|
r. 2C(1) |
r. 3 |
|
r. 4 |
r. 5 |
|
r. 6 |
r. 7 |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
the Act2A