Health (Miscellaneous Provisions) Act 1911
Health (Notification of Stimulant Induced Psychosis) Regulations 2010
Reprint 1: The regulations as at 29 March 2018
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Western Australia
Health (Notification of Stimulant Induced Psychosis) Regulations 2010
Contents
1.Citation1
2.Commencement1
3.Terms used1
4.Stimulant induced psychosis a prescribed condition of health2
5.Notification by psychiatrists of stimulant induced psychosis2
6.CEO may require information3
7.Stimulant Induced Psychosis Register4
8.Offence to disclose information4
Notes
Compilation table5
Defined terms
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Western Australia
Health (Miscellaneous Provisions) Act 1911
Health (Notification of Stimulant Induced Psychosis) Regulations 2010
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette 1;
(b)the rest of the regulations — on the day that is 3 months after that day.
In these regulations —
approved means approved by the CEO;
current stimulant clinic has the meaning given in the Medicines and Poisons Regulations 2016 regulation 125;
current stimulant prescriber has the meaning given in the Medicines and Poisons Regulations 2016 regulation 125;
notified information means the following information —
(a)information contained in a notification given to the CEO under regulation 5;
(b)information provided to the CEO under regulation 6;
psychiatrist has the meaning given in the Mental Health Act 2014 section 4;
register means the Stimulant Induced Psychosis Register referred to in regulation 7(1);
stimulant means —
(a)amphetamine; or
(b)cocaine; or
(c)dexamphetamine; or
(d)methylphenidate; or
(e)methylamphetamine; or
(f)any of the salts of a substance referred to in paragraphs (a) to (e); or
(g)any preparation or admixture containing a substance referred to in paragraphs (a) to (f);
stimulant induced psychosis means a psychotic episode caused by the use of a stimulant, whether or not the person experiencing the psychosis has a pre‑existing psychotic disorder.
[Regulation 3 amended in Gazette 29 Dec 2015 p. 5172; 17 Jan 2017 p. 409‑10.]
4.Stimulant induced psychosis a prescribed condition of health
Stimulant induced psychosis is prescribed as a condition of health to which Part IXA of the Act applies.
5.Notification by psychiatrists of stimulant induced psychosis
(1)A psychiatrist who makes a diagnosis of stimulant induced psychosis in respect of a patient must notify the CEO within 72 hours of making the diagnosis.
Penalty: a fine of not more than $1 000 and not less than —
(a)for a first offence, $100;
(b)for a second offence, $200;
(c)for a third or subsequent offence, $500.
(2)The notice must be in an approved form and must include the following information —
(a)the full name and address of the patient;
(b)the sex and date of birth of the patient;
(c)full details of the diagnosis including details of the stimulant involved (if known);
(d)the full name, address and telephone number of the psychiatrist giving the notification.
(1)If the CEO —
(a)is notified of a diagnosis of stimulant induced psychosis under regulation 5; and
(b)believes, on reasonable grounds, that a person has information that the CEO considers would assist in achieving the objects of Part IXA of the Act with respect to the diagnosis,
the CEO may, in writing, request the person to provide the information.
(2)A person who receives a request under subregulation (1) must comply with the request within 72 hours after receiving it.
Penalty: a fine of not more than $1 000 and not less than —
(a)for a first offence, $100;
(b)for a second offence, $200;
(c)for a third or subsequent offence, $500.
(3)It is a defence to a prosecution for an offence under subregulation (2) if the person charged proves that the person did not have at the relevant time the information requested.
7.Stimulant Induced Psychosis Register
(1)The CEO is to keep a register to be known as the Stimulant Induced Psychosis Register.
(2)The register is to contain all notified information in respect of each patient who, at the time the notification is received, has a current stimulant prescriber or a current stimulant clinic.
(3)The register is to be kept in the manner and form determined by the CEO.
[Regulation 7 amended in Gazette 17 Jan 2017 p. 410.]
8.Offence to disclose information
A person who, in the course of the person’s duty, has access to any notified information from which the identity of the person to whom the information relates is apparent or can reasonably be ascertained must not disclose that information unless the disclosure —
(a)is made with the written consent of the person to whom the information relates; or
(b)is to a current stimulant prescriber or the manager of a current stimulant clinic of the person to whom the information relates.
Penalty: a fine of not more than $1 000 and not less than —
(a)for a first offence, $100;
(b)for a second offence, $200;
(c)for a third or subsequent offence, $500.
[Regulation 8 amended in Gazette 17 Jan 2017 p. 410.]
1This reprint is a compilation as at 29 Mar 2018 of the Health (Notification of Stimulant Induced Psychosis) Regulations 2010 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Health (Notification of Stimulant Induced Psychosis) Regulations 2010 |
7 Jan 2011 p. 46‑9 |
r. 1 and 2: 7 Jan 2011 (see r. 2(a)); |
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Health (Notification of Stimulant Induced Psychosis) Amendment Regulations 2015 |
29 Dec 2015 p. 5172 |
r. 1 and 2: 29 Dec 2015 (see r. 2(a)); |
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Health Regulations Amendment (Poisons) Regulations 2016 Pt. 2 |
17 Jan 2017 p. 409‑11 |
30 Jan 2017 (see r. 2(b) and Gazette 17 Jan 2017 p. 403) |
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Reprint 1: The Health (Notification of Stimulant Induced Psychosis) Regulations 2010 as at 29 Mar 2018 (includes amendments listed above) |
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[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)
approved3
current stimulant clinic3
current stimulant prescriber3
notified information3
psychiatrist3
register3
stimulant3
stimulant induced psychosis3
By Authority: KEVIN J. McRAE, Government Printer