South Australian Consolidated Acts

PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 33

33—Power of Chief Executive to give directions to 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 the person should take or refrain from certain action to prevent the risk of infection spreading to others,

the Chief Executive may, by notice in writing, give appropriate directions to the person.

        (2)         The directions that may be given to a person under subsection (1) include—

            (a)         a direction that the person reside at a specified place;

            (b)         a direction that the person place himself or herself under the supervision of a member of the staff of the Department or a medical practitioner nominated by the Chief Executive and obey the reasonable directions of that person;

            (c)         a direction that the person submit himself or herself to examination by a medical practitioner at such intervals as the Chief Executive may require;

            (d)         a direction that the person refrain from performing specified work or any work other than specified work;

            (e)         such other directions as to the person's conduct or supervision that the Chief Executive considers should apply in order to prevent the spread of infection.

        (3)         A person to whom a direction is given under this section may apply to a magistrate for a review of the direction.

        (4)         On a review under subsection (3), the magistrate may—

            (a)         confirm, vary or quash the direction;

            (b)         make any further or other direction.

        (5)         A person who, without reasonable excuse, contravenes or fails to comply with a direction under this section is guilty of an offence.

Penalty: Division 5 fine.

Expiation fee: Division 6 fee.

        (6)         If a person fails to comply with a direction under this section, a magistrate may issue a warrant for the apprehension of that person.

        (7)         A person apprehended in pursuance of a warrant must be brought as soon as practicable before the magistrate who may—

            (a)         add to, or vary, the directions; or

            (b)         issue a warrant for the detention of the person under this Part in a place of quarantine.