PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 137 Orders and authorisations for tests by senior medical officer

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 137

    (1)     Subject to subsection (2), this section only applies to a senior medical officer who is—

        (a)     employed or engaged by, or performs work for, a denominational hospital, multi purpose service or public hospital and is authorised by that hospital or service or the chief executive officer of that hospital or service to make orders or authorise testing for the purposes of this section; or

        (b)     employed or engaged by, or performs work for, a private hospital that is—

              (i)     registered under Part 4 of the Health Services Act 1988 ; and

              (ii)     approved by the Secretary for the purposes of this section—

and is authorised by the proprietor or chief executive officer of that private hospital to make orders or authorise testing for the purposes of this section.

    (2)     For the purposes of this section—

S. 137(2)(a) amended by No. 77/2008 s. 129(Sch.  2 item 21.2)

        (a)     the Director of the Victorian Institute of Forensic Medicine appointed under section 68 of the Victorian Institute of Forensic Medicine Act 1985 is a senior medical officer; and

        (b)     the Director of the Victorian Institute of Forensic Medicine may authorise a senior medical officer employed or engaged by the Victorian Institute of Forensic Medicine to make orders or authorise testing for the purposes of this section.

    (3)     A senior medical officer has all the powers that the Chief Health Officer has to—

        (a)     make an order under section 134 in the circumstances specified in section 134(1)(c)(ii) or 134(5); or

        (b)     authorise testing under section 135 in the circumstances specified in section 134(1)(c)(ii) or 134(5)—

in relation to the health service where the senior medical officer is employed or engaged or performs work.

    (4)         This Division applies to—

        (a)     an order made by a senior medical officer and a test made under such an order as if the order were an order made by the Chief Health Officer under section 134; and

        (b)     an authorisation made by a senior medical officer and a test made under such an authorisation as if the authorisation were an authorisation made by the Chief Health Officer under section 135.

    (5)     Despite subsection (4), sections 134(3) and 134(4) do not apply to an order made by a senior medical officer.