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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Health Amendment Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 276 replaced by sections 276 and 276A 3
6. Section 289 replaced 5
7. Sections 297 to 299 repealed 5
8. Section 300 replaced 5
9. Section 300A amended 6
10. Sections 301 to 305 repealed 7
11. Section 312 amended 7
12. Section 315 repealed 7
13. Schedule 5 amended 7
216--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
Health Amendment Bill 2004
A Bill for
An Act to amend the Health Act 1911 in relation to the notification
and treatment of infectious and venereal diseases.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Health Amendment Act 2004.
page 1
Health Amendment Bill 2004
s. 2
2. Commencement
This Act comes into operation on the 28th day after the day on
which it receives the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Health Act 1911*.
[* Reprinted as at 31 March 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 172 and
Act No. 50 of 2003.]
10 4. Section 3 amended
Section 3(1) is amended by inserting the following definitions in
the appropriate alphabetical positions --
"
"AIDS" means acquired immune deficiency syndrome;
15 "HIV infection" means human immunodeficiency
virus infection;
"nurse practitioner" means a nurse practitioner,
within the meaning of the Nurses Act 1992, who is
carrying on in a designated area (within the
20 meaning of that Act) the practice of nursing as a
nurse practitioner;
"responsible pathologist", in relation to a pathology
laboratory, means the pathologist responsible for
the day to day operations of the pathology
25 laboratory;
".
page 2
Health Amendment Bill 2004
s. 5
5. Section 276 replaced by sections 276 and 276A
Section 276 is repealed and the following sections are inserted
instead --
"
5 276. Notification of infectious disease
(1) If a medical practitioner or nurse practitioner forms the
opinion that a patient of the practitioner has an
infectious disease, the practitioner must notify the
Executive Director, Public Health.
10 (2) If analysis of a sample undertaken at a pathology
laboratory indicates that the patient from whom the
sample was taken has or had an infectious disease, the
responsible pathologist of that pathology laboratory
must ensure that the Executive Director, Public Health
15 is notified.
(3) The notification must be given as soon as practicable
and in a form and manner approved by the Executive
Director, Public Health.
(4) Subject to section 276A, the notification must include
20 the following information, to the extent to which the
medical practitioner, nurse practitioner or responsible
pathologist has that information --
(a) the name of the disease;
(b) the name, address, telephone number, date of
25 birth and gender of the patient;
(c) the name, address and telephone number of the
patient's medical practitioner or nurse
practitioner;
(d) any other relevant information required by the
30 approved form.
page 3
Health Amendment Bill 2004
s. 5
(5) A medical practitioner, nurse practitioner or
responsible pathologist who fails to comply with this
section commits an offence.
276A. Notification of HIV infections or AIDS -- additional
5 requirements
(1) Unless subsection (2) applies, a notification of HIV
infection or AIDS under section 276 must not include
the name, address and telephone number of the patient
but must instead include only the first 2 letters of the
10 patient's given and family names and the postcode of
the area in which the patient lives.
(2) The medical practitioner or nurse practitioner may
include in a notification of HIV infection or AIDS the
patient's name, address and telephone number if --
15 (a) the patient consents; or
(b) the practitioner has reasonable grounds to
believe that the patient may engage in
behaviour that is likely to put other persons at
risk of infection.
20 (3) A notification of HIV infection or AIDS in relation to a
patient must be separate from any other notification
relating to the patient.
(4) If, in relation to a patient, the Executive Director,
Public Health has reasonable grounds to believe that
25 the patient may engage in behaviour that is likely to put
other persons at risk of infection, the Executive
Director, Public Health may require the medical
practitioner, nurse practitioner or responsible
pathologist to give the Executive Director, Public
30 Health the name, address and telephone number of the
patient.
(5) A medical practitioner, nurse practitioner or
responsible pathologist who fails to comply with a
page 4
Health Amendment Bill 2004
s. 6
requirement under subsection (4), other than because
the practitioner or pathologist does not have the
information, commits an offence.
".
5 6. Section 289 replaced
Section 289 is repealed and the following section is inserted
instead --
"
289. No liability for notifying etc.
10 A medical practitioner, nurse practitioner or
responsible pathologist who notifies the Executive
Director, Public Health under sections 276 and 276A,
or who gives additional information in accordance with
section 276A(4), incurs no civil liability as a result, and
15 is not to be regarded for any purpose as being in breach
of any duty of confidentiality.
".
7. Sections 297 to 299 repealed
Sections 297, 298 and 299 are repealed.
20 8. Section 300 replaced
Section 300 is repealed and the following section is inserted
instead --
"
300. Notification of venereal disease
25 (1) If a medical practitioner or nurse practitioner forms the
opinion that a patient of the practitioner has a venereal
disease, the practitioner must notify the Executive
Director, Public Health.
(2) If analysis of a sample undertaken at a pathology
30 laboratory indicates that the patient from whom the
page 5
Health Amendment Bill 2004
s. 9
sample was taken has or had a venereal disease, the
responsible pathologist of that pathology laboratory
must ensure that the Executive Director, Public Health
is notified.
5 (3) The notification must be given as soon as practicable
and in a form and manner approved by the Executive
Director, Public Health.
(4) The notification must include the following
information, to the extent to which the medical
10 practitioner, nurse practitioner or responsible
pathologist has that information --
(a) the name of the disease;
(b) the name, address, telephone number, date of
birth and gender of the patient;
15 (c) the name, address and telephone number of the
patient's medical practitioner or nurse
practitioner;
(d) any other relevant information required by the
approved form.
20 (5) A medical practitioner, nurse practitioner or
responsible pathologist who fails to comply with this
section commits an offence.
".
9. Section 300A amended
25 (1) Section 300A is amended as follows:
(a) by inserting before "Where" the subsection
designation "(1)";
(b) by inserting after "medical practitioner" in the first place
where it occurs --
30 " or nurse practitioner ";
(c) by deleting "medical" in the second, third and fourth
places where it occurs.
page 6
Health Amendment Bill 2004
s. 10
(2) At the end of section 300A the following subsection is
inserted --
"
(2) A medical practitioner, nurse practitioner or
5 responsible pathologist who notifies the Executive
Director, Public Health under this Part incurs no civil
liability as a result, and is not to be regarded for any
purpose as being in breach of any duty of
confidentiality.
10 ".
10. Sections 301 to 305 repealed
Sections 301, 302, 303, 304 and 305 are repealed.
11. Section 312 amended
Section 312 is amended by deleting "297, 298, 299," and "301,
15 302, 304,".
12. Section 315 repealed
Section 315 is repealed.
13. Schedule 5 amended
(1) Schedule 5 Part I is amended by deleting "276(1)(d)," and
20 "299(2), 300(1), 301, 302(1),".
(2) Schedule 5 Part II is amended by deleting "276(1)(b)," and
"303(2), 304(1) and (1a),".
(3) Schedule 5 Part III is amended by deleting "and 246ZM(1)" and
inserting instead --
25 " , 246ZM(1), 276(5), 276A(5) and 300(5) ".
(4) Schedule 5 Part IV is amended by deleting "298(1), 299(1),".
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