Published on:
Tuesday, 4 March, 2025_1_jpg_480_120.webp)
The Health (Public Buildings) Regulations 1992 were established to ensure the safety, health, and welfare of people using public buildings in Western Australia. The current definition of a public building is broad, and captures most public areas where people gather for a pre-determined purpose including for entertainment, sports and recreation, worship, education purposes.
These Regulations set standards for the construction, maintenance, and operation of public buildings, covering aspects such as occupancy limits, emergency exits, evacuation plans ventilation, lighting and sanitary facilities.
Local Governments play a crucial role in enforcing these Regulations with responsibilities including assessing applications to construct, extend or alter a public building (although in most Local Governments these are only lodged as building permits), approving evacuation plans and conducting routine inspections to ensure ongoing compliance with health and safety standards.
Previous consultation
In 2018 the Department of Health (DoH) released a Consultation Paper Managing public health risks in public buildings in Western Australia that sort feedback on two options; repealing the Regulations without replacement or provide new, updated Regulations under the Public Health Act 2016.
WALGA's submission supported the latter option as Regulations would continue to allow for the assessment and maintenance of the operational safety of public buildings that would maintain patron safety and provide adequate control and enforcement tools for Local Government officers.
In 2019 the Department of Health released a Consultation Summary Report that recommended new, updated regulations under the Public Health Act 2016 be adopted. The paper noted that these Regulations shouldn't duplicate the construction requirements in building legislation and instead focus on the ongoing management of public health risks associated with the building.
Current consultation
The DoH has now released a Consultation Paper 2025 that re-examines if the regulations can be repealed without replacement. The paper outlines relevant legislative and regulatory changes since 2019, including Stage 5A of the Public Health Act 2016 that became operational in 2024, and Work Health and Safety Act 2020.
The paper further examines the need for Regulations in addition to the WA Building legislation and the National Construction Codes (NCC) that set safety standards and protocols for building construction.
Visit DoH website for more information.
Closing date for submissions to DoH is Friday, 18 April 2025.
What WALGA needs from Local Governments
WALGA is seeking feedback from Local Governments, and are seeking answers on the following questions:
1. Are the roles and responsibilities that Local Governments currently perform under the Regulations functions Local Governments wish to continue, and if so, what is the value in continuing these functions?
2. Does your Local Government currently charge for Public Building inspections?
3. Does the Building Act 2011 or other legislation adequately mitigate public safety risks to public buildings?
4. Are there any recommended changes to Building Act 2011 or other legislation/regulations that would be required to mitigate public safety risks in the absence of these Regulations?
Please email the above information to:
planning@walga.asn.au - by COB, Friday, 21 March.
Your invaluable feedback will help WALGA prepare its response in behalf of Members and their commmunities - thanks for your support.
These Regulations set standards for the construction, maintenance, and operation of public buildings, covering aspects such as occupancy limits, emergency exits, evacuation plans ventilation, lighting and sanitary facilities.
Local Governments play a crucial role in enforcing these Regulations with responsibilities including assessing applications to construct, extend or alter a public building (although in most Local Governments these are only lodged as building permits), approving evacuation plans and conducting routine inspections to ensure ongoing compliance with health and safety standards.
Previous consultation
In 2018 the Department of Health (DoH) released a Consultation Paper Managing public health risks in public buildings in Western Australia that sort feedback on two options; repealing the Regulations without replacement or provide new, updated Regulations under the Public Health Act 2016.
WALGA's submission supported the latter option as Regulations would continue to allow for the assessment and maintenance of the operational safety of public buildings that would maintain patron safety and provide adequate control and enforcement tools for Local Government officers.
In 2019 the Department of Health released a Consultation Summary Report that recommended new, updated regulations under the Public Health Act 2016 be adopted. The paper noted that these Regulations shouldn't duplicate the construction requirements in building legislation and instead focus on the ongoing management of public health risks associated with the building.
Current consultation
The DoH has now released a Consultation Paper 2025 that re-examines if the regulations can be repealed without replacement. The paper outlines relevant legislative and regulatory changes since 2019, including Stage 5A of the Public Health Act 2016 that became operational in 2024, and Work Health and Safety Act 2020.
The paper further examines the need for Regulations in addition to the WA Building legislation and the National Construction Codes (NCC) that set safety standards and protocols for building construction.
Visit DoH website for more information.
Closing date for submissions to DoH is Friday, 18 April 2025.
What WALGA needs from Local Governments
WALGA is seeking feedback from Local Governments, and are seeking answers on the following questions:
1. Are the roles and responsibilities that Local Governments currently perform under the Regulations functions Local Governments wish to continue, and if so, what is the value in continuing these functions?
2. Does your Local Government currently charge for Public Building inspections?
3. Does the Building Act 2011 or other legislation adequately mitigate public safety risks to public buildings?
4. Are there any recommended changes to Building Act 2011 or other legislation/regulations that would be required to mitigate public safety risks in the absence of these Regulations?
Please email the above information to:
planning@walga.asn.au - by COB, Friday, 21 March.
Your invaluable feedback will help WALGA prepare its response in behalf of Members and their commmunities - thanks for your support.
