South Australian Consolidated Acts South Australian Consolidated Acts32—Power of Chief Executive, in the interests of public health, to
detain persons suffering from diseases
(1) Where—
(a) a
medical practitioner has certified that a person is suffering from a
controlled notifiable disease; and
(b) the
Chief Executive is of the opinion that in the interests of public health the
person should be kept at a suitable place of quarantine,
a magistrate may, on the application of the Chief Executive, issue a warrant
for the detention of the person at a suitable place of quarantine.
(2) An application for
a warrant under subsection (1) may, in an emergency, be made by
telephone.
(3) A person held in
detention under subsection (1) must be given a notice setting out the
reason for his or her detention and such other information as may be
prescribed.
(4) A person may not
be held in detention under subsection (1) for more than 72 hours
unless—
(a) the
Chief Executive applies to a magistrate for an extension of the period of
detention; and
(b) the
magistrate, after considering any representations made by or on behalf of the
person under detention, extends the period of detention.
(5) Subject to
subsection (6), a person must not be detained under this section for more
than six months.
(6) A person may be
detained for more than six months on the authorisation of a Supreme Court
judge.
(7) A person who is
being detained pursuant to the decision of a magistrate under
subsection (4) or the authorisation of a Supreme Court judge under
subsection (6) must be examined by a medical practitioner at intervals
not exceeding—
(a) four
weeks; or
(b) such
shorter period or periods as the magistrate or judge may determine having
regard to the nature of the particular notifiable disease and the extent of
the infection.
(8) An examination
under subsection (7) is not to proceed if the person objects to being
examined.