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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 14

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 14

14—Specific principles—Parts 10 and 11

        (1)         The principles set out in this section apply for the purposes of Part 10 and Part 11.

        (2)         The overriding principle is that members of the community have a right to be protected from a person whose infectious state or whose behaviour may present a risk, or an increased risk, of the transmission of a controlled notifiable condition.

        (3)         A person who has a controlled notifiable condition that is capable of being transmitted to 1 or more other persons has a responsibility to take reasonable steps or precautions to avoid placing others at risk on account of the controlled notifiable condition.

        (4)         A person must not, insofar as is reasonably practicable, act in a manner that will place himself or herself at risk of contracting a controlled notifiable condition that is capable of being transmitted.

        (5)         Subject to the overriding principle and any steps reasonably necessary to protect, or to minimise risks to, public health, and without limiting any power under Part 10 or Part 11, a person who may be the subject of an order, direction or requirement under either Part is entitled to expect—

            (a)         to have his or her privacy respected and to have the benefit of patient confidentiality; and

            (b)         to be afforded appropriate care and treatment, and to have his or her dignity respected, without any discrimination other than that reasonably necessary to protect public health; and

            (c)         insofar as is reasonably practicable and appropriate, to be given a reasonable opportunity to participate in decision-making processes that relate to the person on an individual basis, and to be given reasons for any decisions made on such a basis; and

            (d)         to be allowed to decide freely for himself or herself on an informed basis whether or not to undergo medical treatment or, in a case involving a child under the age of 16 years, to have his or her parent or guardian allowed to decide freely on an informed basis whether or not the child should undergo medical treatment; and

            (e)         to be subject to restrictions (if any) that are proportionate to any risks presented to others (taking into account the nature of the disease or medical condition, the person's state of health, the person's behaviour or proposed or threatened behaviours, and any other relevant factor); and

            (f)         that the least restrictive means necessary to prevent the spread of disease be adopted when isolating or quarantining a person at the person's home or on other premises under this Act; and

            (g)         that his or her needs, including, but not limited to the provision of—

                  (i)         adequate food, clothing, shelter and medical care; and

                  (ii)         a telephone or other appropriate method by which the person may communicate with others,

will be addressed in a reasonable and competent manner to the extent that the person is unable or restricted in his or her own capacity to meet such needs; and

            (h)         that any premises at which the person must reside as a result of an order, direction or requirement (other than the person's home), are—

                  (i)         maintained according to safe and hygienic standards; and

                  (ii)         to the extent possible, maintained in a way that is respectful to the person's cultural and religious beliefs; and

                  (iii)         designed or managed to minimise the likelihood that—

                        (A)         infection may be transmitted; and

                        (B)         the person may be subjected to harm or further harm.

        (6)         Any requirement restricting the liberty of a person should not be imposed unless it is the only effective way remaining to ensure that the health of the public is not endangered or likely to be endangered.

        (7)         Without limiting subsection (6), if a power is to be exercised under Part 10 or Part 11, so far as is reasonably practicable, the power that least infringes on the rights of individuals must be the power that is exercised, unless to do so would involve the use of measures that are likely to be less effective in protecting or minimising risk to public health.

        (8)         Any requirement restricting the liberty of 2 or more members of the 1 family should ensure, so far as is desirable and reasonably practicable and so far as is appropriate to the requirements for the protection of public health, that the family members reside at the same place.

        (9)         If a requirement restricting the liberty of a person is imposed, all reasonably practicable steps must be taken to ensure that the person's next of kin, or a nominated person, is informed (unless the person to whom the requirement relates instructs otherwise).