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This is a Bill, not an Act. For current law, see the Acts databases.


HEALTH AMENDMENT BILL 2005

                      Western Australia


         Health Amendment Bill 2005

                         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    Sections 297 to 299 repealed                     5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   Sections 301 to 305 repealed                     7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   Section 315 repealed                             7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




                           011--1                      page i
                           Western Australia


                      LEGISLATIVE ASSEMBLY



              Health Amendment Bill 2005


                               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 is the Health Amendment Act 2005.




                                                               page 1
     Health Amendment Bill 2005



     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 2004, Table 1, p. 200-1.]

     4.       Section 3 amended
10            Section 3(1) is amended by inserting the following definitions in
              the appropriate alphabetical positions --
              "
                   "AIDS" means acquired immune deficiency syndrome;
                   "HIV infection" means human immunodeficiency
15                     virus infection;
                   "nurse practitioner" means a nurse practitioner, as
                       defined in the Nurses Act 1992, who is carrying on
                       in a designated area (as defined in that Act) the
                       practice of nursing as a nurse practitioner;
20                 "responsible pathologist", in relation to a pathology
                       laboratory, means the pathologist responsible for
                       the day to day operations of the pathology
                       laboratory;
                                                                                ".




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                                                  Health Amendment Bill 2005



                                                                               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.




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     Health Amendment Bill 2005



     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

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                                                     Health Amendment Bill 2005



                                                                               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


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     Health Amendment Bill 2005



     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.

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                                                             Health Amendment Bill 2005



                                                                                        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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