New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 4

4 Orders and directions during state of emergency

(1) This section applies if:

(a) action is being taken under the State Emergency and Rescue Management Act 1989 in relation to an emergency within the meaning of that Act, and

(b) the Minister, in consultation with the Minister administering that Act, decides on reasonable grounds that the emergency could result in a situation (including the spread of a scheduled medical condition) under which the health of the public is, or is likely to be, at risk, and

(c) the Minister administering that Act agrees that action should be taken under this section.

(2) If this section applies, the Minister:

(a) may, by order published in the Gazette, give such directions, and

(b) if such an order is in force, may take such action,

as the Minister considers to be necessary to avert or deal with the risk and any of its possible consequences.

(3) An order published under this section may direct all persons:

(a) in a specified group, or

(b) residing in a specified area,

to submit themselves for medical examination as provided by the order.

(4) Subsection (3) and the other provisions of this Act do not affect the generality of subsection (2).

(5) A person (other than a public authority) who:

(a) is subject to a direction under this section, and

(b) has notice of the direction, and

(c) refuses or fails to comply with the direction,

is guilty of an offence.

Maximum penalty: 50 penalty units or imprisonment for 6 months.

(6) A public authority has a duty to comply with a direction given to the public authority under this section.

(7) Unless it is earlier revoked, an order published under this section expires on cessation of the emergency on which it was based.

(8) A function exercised under this section in an emergency in respect of which a state of emergency exists under Division 4 of Part 2 of the State Emergency and Rescue Management Act 1989 has effect as a function exercised in the execution of that Division.