Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 174

174 .         Authorisation to exercise emergency powers during public health state of emergency

        (1)         In this section —

        health professional

            (a)         has the meaning given in the Civil Liability Act 2002 section 5PA; and

            (b)         includes a person registered under the law of another place that is substantially similar to the Health Practitioner Regulation National Law (Western Australia) .

        (2)         For the purposes of emergency management during a public health state of emergency, the Chief Health Officer may authorise all or any of the following to exercise any of the emergency powers while the public health state of emergency declaration is in force —

            (a)         an authorised officer or an authorised officer within a specified class of authorised officers;

            (b)         a health professional or a health professional within a specified class of health professionals.

        (3)         An authorisation under subsection (2) is subject to any limitation in a declaration under section 167(3)(b) or 169 or 170.

        (4)         The emergency powers conferred on an authorised officer by an authorisation under subsection (2) are in addition to, and do not limit —

            (a)         the powers conferred on the person as an authorised officer under Part 16; or

            (b)         the powers the person may have under another written law or other law.

        (5)         Each enforcement agency must prepare and maintain a list of authorised officers designated by the agency who are emergency officers as the result of being authorised under subsection (2).

        (6)         The Chief Health Officer may vary or revoke an authorisation under subsection (2).



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