❓ Hon. Philip Scott questions the necessity of Section 158 of the Public Health Act 2016, concerning emergency powers, given its apparent non-use. The response defends the section's existence for serious public health incidents.
AnsweredQoN 387Legislative Assembly
QuestionView source ↗
Public Health Act 2016 —Emergency
powers
387. Hon Philip Scott to
the parliamentary secretary representing the
Minister for Health:
I refer
to the honourable member's response to my question on 29 May 2025, which
confirmed that the emergency powers under section 158 of the Western Australian
Public Health Act have never been used; that is to say, no person in Western
Australia has been held down, stripped naked and forcibly administered a
medical treatment or vaccination by an authorised officer or police officer.
Given this is the case, can the honourable member please answer the following.
(1) If there are no circumstances
in which section 158 has been used, what is the need for this part of the act
to still be in operation?
(2) Does the honourable member
agree or disagree that section 158 of the WA Public Health Act needs to be
repealed?
The President: Honourable member, the second part of
your question seeks an opinion. Our standing orders, specifically standing
order 105(1)(b), prevent us from asking opinions. I will not rule it out of
order right now, but I will ask the parliamentary secretary. He may not answer
that part.
powers
387. Hon Philip Scott to
the parliamentary secretary representing the
Minister for Health:
I refer
to the honourable member's response to my question on 29 May 2025, which
confirmed that the emergency powers under section 158 of the Western Australian
Public Health Act have never been used; that is to say, no person in Western
Australia has been held down, stripped naked and forcibly administered a
medical treatment or vaccination by an authorised officer or police officer.
Given this is the case, can the honourable member please answer the following.
(1) If there are no circumstances
in which section 158 has been used, what is the need for this part of the act
to still be in operation?
(2) Does the honourable member
agree or disagree that section 158 of the WA Public Health Act needs to be
repealed?
The President: Honourable member, the second part of
your question seeks an opinion. Our standing orders, specifically standing
order 105(1)(b), prevent us from asking opinions. I will not rule it out of
order right now, but I will ask the parliamentary secretary. He may not answer
that part.
AnswerView source ↗
I thank the honourable
member for some notice of the question. I provide the following answer on
behalf of the Minister for Health.
(1)–(2) These powers only apply for the
purposes of preventing, controlling or abating a serious public health risk
during a serious public health incident, or a public health emergency.
member for some notice of the question. I provide the following answer on
behalf of the Minister for Health.
(1)–(2) These powers only apply for the
purposes of preventing, controlling or abating a serious public health risk
during a serious public health incident, or a public health emergency.
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