New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 5

5 Public health risks generally

(1) If the Minister considers, on reasonable grounds, that a situation has arisen under which the health of the public is, or is likely to be, at risk and, in relation to the situation:

(a) action under the State Emergency and Rescue Management Act 1989 is neither contemplated nor underway, and

(b) the Premier has approved the taking of action under this section,

the Minister may take such action, and may by order published in the Gazette give such directions, as the Minister considers to be necessary to deal with the risk and any of its possible consequences.

(2) If an order in force under this section declares a specified area to be a public health risk area, the action taken and directions given may be such as the Minister considers to be necessary:

(a) to reduce or remove any risk to the health of the public in the area, and

(b) to segregate or isolate inhabitants of the area, and

(c) to prevent, or conditionally permit, access to the area.

(3) Subsection (2) does not affect the generality of subsection (1).

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

(a) is subject to a direction given 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.

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

(6) An order published under this section expires on a date that is specified in the order as its expiry date and is not more than 28 days later than the publication of the order.

(7) Section 72 (Powers of entry) applies in relation to any entry on premises required or directed for the purposes of this section.