South Australian Consolidated Acts

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 31

31—Power of Chief Executive to require a person to undergo an examination

        (1)         Where the Chief Executive has reasonable grounds to suspect that a person is or may be suffering from a controlled notifiable disease, the Chief Executive may, by notice in writing addressed to the person, require the person to present himself or herself for examination by a medical practitioner at such time and place as is specified in the notice.

        (2)         If a person who has been served with a notice under subsection (1) fails to comply with the notice, a magistrate may issue a warrant for the apprehension and examination of that person.

        (3)         Reasonable force may be exercised in the execution of a warrant under subsection (2).

        (4)         A person apprehended in pursuance of a warrant may be detained for a period not exceeding 48 hours for the purpose of examination.

        (5)         Where—

            (a)         a person is examined pursuant to this section; and

            (b)         the examination discloses that the person is not suffering from a controlled notifiable disease,

the person is entitled to reasonable compensation from the Department for costs and expenses directly incurred by the person in attending for the examination.

        (6)         Compensation payable under subsection (5) may be recovered as a debt.



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