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PUBLIC HEALTH ACT 2016 - SECT 3

3 .         Objects and principles

        (1)         The objects of this Act are —

            (a)         to promote and improve public health and wellbeing and to prevent disease, injury, disability and premature death; and

            (b)         to protect individuals and communities from diseases and other public health risks and to provide, to the extent reasonably practicable, a healthy environment for all Western Australians; and

            (c)         to promote the provision of information to individuals and communities about public health risks; and

            (d)         to encourage individuals and communities to plan for, create and maintain a healthy environment; and

            (e)         to provide for the prevention or early detection of diseases and other public health risks, and certain other conditions of health; and

            (f)         to support programmes and campaigns intended to improve public health; and

            (g)         to facilitate the provision of information to decision-making authorities about public health risks and benefits to public health that may result from certain proposals; and

            (h)         to provide for the collection, disclosure and use of information about the incidence and prevalence of diseases and other public health risks in the State, and certain other conditions of health, for research or public health purposes; and

                  (i)         to reduce the inequalities in public health of disadvantaged communities; and

            (j)         to provide for functions relating to public health to be performed by the State and local governments.

        (2)         In the pursuit of the objects of this Act, regard must be had to the principles set out in the Table.

Table

1.         Sustainability principle

        (1)         Sound public health practices and procedures should be adopted as a basis for sustainability for the benefit of all people and the community today, while consideration is given to the public health, social, economic and environmental needs of future generations.

        (2)         Public health, social, economic and environmental factors should be considered in decision-making, with the objective of improving community wellbeing and the benefit to future generations.

        (3)         Public health practices and procedures should be cost effective and in proportion to the significance of the public health risks and consequences being addressed.

2.         Precautionary principle

        (1)         If there is a public health risk, lack of scientific certainty should not be used as a reason for postponing measures to prevent, control or abate that risk.

        (2)         In the application of the precautionary principle, decision-making should be guided by —

            (a)         a careful evaluation to avoid, where practicable, harm to public health; and

            (b)         an assessment of the risk-weighted consequences of the options.

3.         Principle of proportionality

        (1)         Decisions made and actions taken in the administration of this Act to prevent, control or abate a public health risk should be proportionate to the public health risk sought to be prevented, controlled or abated.

        (2)         In the application of the principle of proportionality, decision-making and action should be guided by the aim that, where measures that adversely impact on an individual’s or business’s activities or a community’s functioning are necessary, measures that have the least adverse impact are taken before measures with a greater adverse impact.

4.         Principle of intergenerational equity

                The present generation should ensure that public health is maintained or enhanced for the benefit of future generations.

5.         Principle relating to local government

                The functions of local governments in relation to public health should be acknowledged and respected.

        (3)         Persons involved in the administration of this Act must perform their functions with due regard to the objects and principles of this Act.



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