SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 75
SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 75
(1) If—
(a) the
Chief Public Health Officer has reasonable grounds to believe that a
person—
(i)
has a controlled notifiable condition; or
(ii)
has been exposed to a controlled notifiable condition; or
(iii)
could have been exposed to a
controlled notifiable condition; and
(b) the
Chief Public Health Officer considers that an order under this section is
reasonably necessary in the interests of public health,
then the Chief Public Health Officer may give directions to the person under
this section.
(2) However, the
Chief Public Health Officer should not act under this section unless
satisfied—
(a) that
the person has undertaken counselling that is appropriate in the
circumstances, or has refused or failed to undertake counselling that has been
made reasonably available to the person; or
(b) that
counselling is not appropriate or necessary in the circumstances of the
particular case; or
(c) that
urgent action is required in the circumstances of the particular case and that
counselling can be provided after action is taken under this section.
(3) Any direction will
be imposed by service of an order on the person unless the Chief Public
Health Officer considers that urgent action is required in the circumstances
of the particular case, in which case an oral order may be given.
(3a) If an oral order
is given under subsection (3), the Chief Public Health Officer must
confirm the order by notice in writing served on the person as soon as
practicable, but in any event within 72 hours, after giving the order
(and a failure to serve a notice in accordance with this subsection will not
affect the validity of the order).
(4) The directions
that may be imposed by an order under this section include:
(a) a
direction that the person remain at a specified place including, without
limitation, a hospital or quarantine facility and, if considered to be
appropriate by the Chief Public Health Officer, that the person remain
isolated;
(b) a
direction that the person refrain from carrying out specified activities (for
example, without limitation, employment, use of public transport or
participation in certain events), either absolutely or unless specified
conditions are satisfied;
(c) a
direction that the person refrain from visiting a specified place, or a place
within a specified class, either absolutely or unless specified conditions are
satisfied;
(d) a
direction that the person refrain from associating with specified persons or
specified classes of persons;
(e) a
direction that the person take specified action to prevent or minimise any
health risk that may be posed by the person;
(f) a
direction that the person attend meetings and provide such information as may
be reasonably required in the circumstances;
(g) 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 or other
health professional nominated by the Chief Public Health Officer and obey the
reasonable directions of that person;
(h) a
direction that the person submit himself or herself to examination by a
medical practitioner nominated by the Chief Public Health Officer at such
intervals as the Chief Public Health Officer may require;
(i)
a direction that the person undergo specified medical
treatment, including at a specified place and time (or times);
(j) such
other direction as to the person's conduct or supervision that the
Chief Public Health Officer considers to be appropriate in the circumstances.
(5) The
Chief Public Health Officer—
(a) must
not impose a direction under subsection (4)(h) or (i) if the
Chief Public Health Officer is satisfied that the person has a conscientious
objection to the relevant examination or treatment (as the case may be) due to
a religious, cultural or other similar ground; and
(b) must
not impose a direction under subsection (4)(i) if the treatment would
impose a serious threat to the person's health.
(6) However, if a
direction under subsection (4)(h) or (i) would relate to a child,
the Chief Public Health Officer may make a direction under either (or both)
paragraphs despite a conscientious objection of a parent or guardian of the
child if the Chief Public Health Officer considers that the relevant
examination or treatment (as the case may be) is in the best interests of the
child (and reasonably necessary in the interests of public health).