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PUBLIC HEALTH ACT 1997 - SECT 42 Directions of Director

PUBLIC HEALTH ACT 1997 - SECT 42

Directions of Director

(1)  The Director, by notice served on a person who the Director is aware or suspects on reasonable grounds has, or may have been exposed to, a notifiable disease, may require the person to comply with any one or more of the following directions:
(a) that the person be isolated in any place the Director determines;
(b) that the person be placed in quarantine in any place the Director determines;
(c) that the person be placed under the supervision of a specified person;
(d) that the person submit to clinical assessment, medical treatment or counselling;
(e) that the person disclose to a specified person the name and address of any other person with whom contact by that person may result or may have resulted in the transmission of the disease;
(f) that the person refrain from performing any specified work;
(g) that the person do anything or refrain from doing anything the Director determines.
(1A)  A direction given under subsection (1) may specify the manner in which the direction is to be complied with.
(2)  A person must comply with a direction given under subsection (1) .
Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.
(3)  A direction given under subsection (1)(d) may require a person to submit to clinical assessment, medical treatment, or counselling, by a person, or a member of a class of persons, specified in the direction.
(4)  A person who carries out a clinical assessment for the purpose of a direction given under subsection (1) must provide to the Director a written report in relation to the assessment as soon as practicable after the assessment is completed.
Penalty:  Fine not exceeding 25 penalty units.
(5)  A direction given under this section ceases to be in force when the requirements of the direction have been satisfied.
(6)  The Director may revoke a direction given under this section.
(7)  The Director must revoke under subsection (6) a direction as soon as practicable after he or she is satisfied that it is no longer necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the direction to remain in force.
(8)  If a direction given under this section, or an order under section 45(1)(e) , requires that a person be quarantined or isolated, the Director, at the required intervals, must –
(a) consider whether it is necessary for the person to continue to be subject to the direction or order; and
(b) if necessary in order to determine whether it is necessary for the person to continue to be subject to the direction or order, arrange for the clinical assessment of the person.
(9)  The required intervals are intervals that the Director considers reasonable, but not less than once in every successive period of 7 days.