New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 23

23 Making of public health order

(1) An authorised medical practitioner may make a written public health order in respect of a person if satisfied on reasonable grounds that the person:

(a) is suffering from a Category 4 or Category 5 medical condition, and

(b) is behaving in a way that is endangering, or is likely to endanger, the health of the public because the person is suffering from that medical condition.

(2) A public health order must:

(a) name the person to whom it applies, and

(b) state the circumstances purporting to justify the making of the order, and

(c) state that, unless the order is earlier varied as to its duration or is earlier revoked, it expires a specified number of days (not exceeding 28) after its service on the person, and

(d) comply with subsection (3).

(3) A public health order must require the person to whom it applies to do any one or more of the following:

(a) refrain from specified conduct,

(b) undergo specified treatment,

(c) undergo counselling by a specified person or by one or more persons belonging to a specified class of persons,

(d) submit to the supervision of a specified person or one or more persons belonging to a specified class of persons,

(e) undergo specified treatment and be detained at a specified place while undergoing the treatment,

(f) if the order is based on a Category 5 medical condition-be detained at a specified place while the order is in force.

(3A) In making a public health order, the authorised medical practitioner must take into account:

(a) such guidelines relating to public health orders as may be approved by the Director-General from time to time, and

(b) the principle that any requirement restricting the liberty of the person to whom the order applies should be imposed only if it is the only effective way to ensure that the health of the public is not endangered or likely to be endangered.

(4) A public health order may include provisions ancillary to, or consequential upon, the matters required to be included in the order.

(5) A public health order does not take effect until it is served personally on the person to whom it applies.