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PUBLIC HEALTH ACT 1997 - SECT 50 Medical practitioner to provide information

PUBLIC HEALTH ACT 1997 - SECT 50

Medical practitioner to provide information

(1)  A medical practitioner who believes on reasonable grounds that a person whom he or she is attending has, may have, or may have been exposed to, a notifiable disease must –
(a) give the person –
(i) information about the transmission and prevention of that disease; and
(ii) any information that is specified in the relevant guidelines as required to be given by a medical practitioner to such a person, including, but not limited to including, information relating to the transmission and prevention of disease; and
(b) require the person to give to the medical practitioner the information that the medical practitioner is, in accordance with the requirements of the relevant guidelines, to attempt to obtain from the person; and
(c) advise the Director, as soon as practicable after the response is received, of the response of a person to a requirement imposed on the person under paragraph (b) .
Penalty:  Fine not exceeding 25 penalty units.
(2)  It is a defence in any proceedings –
(a) for an offence under subsection (1) in relation to subsection (1)(a) , for a medical practitioner to prove that the relevant information had already been given, to the person whom the medical practitioner was attending, by –
(i) the medical practitioner while the medical practitioner was attending the person on a previous occasion; or
(ii) a person acting on behalf of the medical practitioner; or
(iii) another medical practitioner or a person acting on behalf of another medical practitioner; or
(b) for an offence under subsection (1) in relation to subsection (1)(b) , for a medical practitioner to prove that –
(i) the medical practitioner had attempted to obtain the relevant information while the medical practitioner was attending the person on a previous occasion; or
(ii) a person acting on behalf of the medical practitioner had attempted to obtain the relevant information from the person whom the medical practitioner was attending; or
(iii) the information had been obtained by another medical practitioner or a person acting on behalf of that other medical practitioner; or
(c) for an offence under subsection (1) in relation to subsection (1)(c) , for a medical practitioner to prove that the relevant information was provided to the Director by –
(i) a person acting on behalf of the medical practitioner; or
(ii) another medical practitioner or a person acting on behalf of another medical practitioner.