PUBLIC HEALTH ACT 1997 - SECT 113 Public health directions—issue

PUBLIC HEALTH ACT 1997 - SECT 113

    (1)     If the chief health officer has reasonable grounds for believing that it is necessary to prevent or alleviate a significant public health hazard, the chief health officer may issue 1 or more of the following directions to a person for that purpose:

        (a)     a direction requiring a person to refrain from behaviour, or an activity, that significantly contributes, or that could so contribute, to the hazard;

        (b)     a direction requiring a person to cease performing work of a particular kind, or to cease working at a particular place, while such work significantly contributes, or could so contribute, to the hazard;

        (c)     a direction requiring a person who has a transmissible notifiable condition to undergo a medical examination;

        (d)     a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to undergo specified counselling;

        (e)     a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to be confined to a particular place for a specified period, being the least restrictive confinement appropriate to the person's medical condition;

        (f)     a direction requiring a person not to enter, or not to remain in, a particular place for a specified period;

        (g)     a direction requiring a person to cease using a particular piece of equipment;

        (h)     a direction requiring a person to clean and decontaminate a particular place;

              (i)     a direction requiring a person to undertake, or to refrain from undertaking, any other action, where the chief health officer has reasonable grounds for believing the requirement to be necessary for the purposes of preventing or alleviating the hazard;

        (j)     a direction requiring a person to take whatever action is necessary to ensure that another person for whose care, support or education the person is responsible complies with a specified requirement or requirements referred to elsewhere in this subsection.

    (2)     In subsection (1), a reference to a person who has a transmissible notifiable condition, or to a contact of such a person, is to be taken to be a reference to a person who the chief health officer has reasonable grounds for believing to have such a condition, or to be such a contact.

    (3)     A direction under subsection (1)—

        (a)     must be in writing signed by the chief health officer; and

        (b)     may include conditions about the period within which, or the manner in which, the direction is to be complied with; and

        (c)     must state the public health hazard to be prevented or alleviated, and any other reason for issuing the direction; and

        (d)     must include a statement to the effect that failure to comply with the direction might result in either or both of the following:

              (i)     action being taken by an authorised officer to implement the direction;

              (ii)     a court order being made to enforce the direction.

    (4)     In making a decision under subsection (1), the chief health officer must have regard to the following matters:

        (a)     the number of people potentially affected by the public health hazard;

        (b)     the degree to which the public health hazard would affect individuals and the community;

        (c)     the availability of other control measures.

    (5)     The chief health officer must undertake the minimum action necessary under subsection (1) to prevent or alleviate the relevant public health hazard.