Practice Direction 8 of 2022 - Health (Miscellaneous Provisions) Act 1911 - s 334(9) - Health Act Proceedings
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1. Application of Practice Direction
This Practice Direction applies to proceedings under s 334(9) of the Health (Miscellaneous Provisions) Act 1911.
Practice Direction 1 of 1998 is revoked on 31 December 2022.
This Practice Direction has effect from 1 January 2023.
An application under s 334(9) of the Health (Miscellaneous Provisions) Act 1911 is to be known as a Health Act application.
A Health Act application is to be:
- processed with complete confidentiality;
- treated as urgent; and
- listed on an urgent basis before a judge or magistrate of the Children's Court.
Unless otherwise directed by the President, a Health Act application is to be heard and determined:
- in chambers and not in court;
- in the presence of the applicant; and
- with the least amount of formality as reasonable.
Application and records
A Health Act application must be in writing using the attached Health Act application form, ordinarily supported by an affidavit sworn or affirmed by the applicant.
A Health Act application is not to be lodged electronically via the electronic courts management system.
For all matters state wide, applications should be sent to HAA.ChildrensCourt@justice.wa.gov.au (email applications).
Where it is not possible to file a Health Act application by email, the application can be filed by handing it to a member of the registry staff, in a sealed envelope marked - For the attention of the Clerk of Court - Health Act application (hardcopy applications).
Once an application is received by the registry in accordance with the preceding paragraphs, the application will be accepted for filing by:
- allocating a number to the application using the jurisdiction and court location codes (for example HA CC 1/2022);
- recording the application in a separate index established for Health Act applications;
- For email applications - storing the application and any associated material in a secure electronic folder;
- For hardcopy applications - placing the application and any associated material in an envelope, recording the application number on the envelope and sealing the envelope.
The Health Act application file and index is to be retained securely.
The outcome of the application is to be endorsed on the application form by the judicial officer.
Where the application is approved, an order is to be extracted and signed by the judicial officer making the order.
The order is to be given to the applicant, with a copy to be retained on the file. For email applications, a copy is to be saved in the electronic folder. For hardcopy applications, a copy is to be retained with the application.
Unless directed by a judge, court staff must not disclose, other than to the applicant or the applicant's legal representative, the following:
- confirmation that a Health Act application has been made;
- the contents of the Health Act application;
- the outcome of the Health Act application.
Unless directed by a judge, information and copies of documents relating to a Health Act application may only be provided to the applicant or the applicant's legal representative.
5. Regional Children's Court
All documents relating to a Health Act application dealt with by a regional Children's Court must be transferred to the Perth Children's Court by no later than 3 months after the application has been determined.
Following the transfer of a Health Act application from a regional Children's Court to the Perth Children's Court, any request for information or documents should be referred to the Perth Children's Court.
6. Extracted Orders
The extract of order form is attached to this Practice Direction.
7. Retention and disposal
The retention and disposal of a Health Act application case file is to be managed in accordance with the Sector Disposal Authority for Court and Tribunal Services.
Judge Hylton Quail
Children's Court of Western Australia
20 December 2022
Last updated: 2 March 2023