Australian Capital Territory Repealed Acts

This legislation has been repealed.

TUBERCULOSIS ACT 1950 (REPEALED) - SECT 9

    (1)     Where, upon application by the chief health officer for an order under this section, the court is satisfied that a person (the patient ) is suffering from tuberculosis in an infectious condition, and that—

        (a)     in the patient's interest the patient should be properly attended and treated; and

        (b)     the patient's circumstances are such that proper precautions to prevent the spread of the infection cannot be taken, or that such precautions are not being taken; and

        (c)     substantial risk of infection is or will be thereby caused to others;

the court may order the patient to be removed to an institution (or some other place agreed upon by the patient and the chief health officer) where the patient can be properly attended and treated and to be detained there for such period, not exceeding 6 months, as the court thinks fit, or, if the patient is an in-patient in an institution and proposes, contrary to the advice of the chief health officer or of a medical officer of the institution or tuberculosis practitioner, to leave the institution, order the patient to be detained in the institution or in some other institution or suitable place for such period, not exceeding 6 months, as the court thinks fit.

    (2)     At any time while the patient is detained under an order for the time being in force under subsection (1), the court may, upon application by the chief health officer for an order under this subsection, and upon being satisfied that the conditions which led to the patient's detention being ordered will again exist if the patient is not detained for a further period after the expiration of the existing period of detention, order the detention of the patient in the same place (or in some other place agreed upon by the patient and the chief health officer) for a further period, not exceeding 6 months in the case of any one order.

    (3)     Where an application for an order is made under this section, the chief health officer shall give to the patient, and, if the patient has not attained the age of 18 years, to any parent, guardian or other person having, or normally having, the charge of the patient, not less than 3 clear days notice in writing of the time and place at which the application will be heard.

    (4)     At any time during the currency of an order under subsection (1) or (2), any person, on behalf of the patient, may apply to the court for the revocation of the order, and the court may, if it thinks fit, revoke the order.

    (5)     Where an application is made under subsection (4), the person making the application shall give to the chief health officer not less than 3 clear days notice in writing of the time and place at which the application will be heard.

    (6)     Where an application is made under this section, the court may, if it thinks fit, require the patient to be examined by a medical practitioner appointed by it for the purpose.

    (7)     Subject to the provisions of this section, and to the decision of the judge on any appeal under section 10, every order under this section shall be final and binding on all parties.

    (8)     An order under this section may be addressed to the chief health officer or such other person as the court thinks expedient, and the person to whom the order is addressed may do all acts necessary for giving effect to the order.

    (9)     The medical officer or other person in charge in an institution or other place to which a patient is ordered under this section to be removed shall, on the presentation of the order, receive the patient and arrange for the patient's medical treatment, and shall do such other acts as are necessary for giving effect to the order.

    (10)     At any time while the patient is detained in an institution or other place under an order under this section, the court may, if it thinks fit, on the application of the chief health officer or of the medical officer or other person in charge of the institution or place, order the patient to be removed to another institution or suitable place and to be detained there while the firstmentioned order continues in force.

    (11)     The provisions of subsections (3) to (9) shall, so far as applicable and with the necessary modifications, apply with respect to every application and every order made under subsection (10).

    (12)     A person who is removed to or detained in an institution or other place under an order under this section shall not, while the order continues in force, except with the consent of the chief health officer or of the medical superintendent of the institution or place, leave or attempt to leave the institution or place.

Maximum penalty (subsection (12)): 10 penalty units.