PUBLIC HEALTH ACT 2016 - SECT 167

PUBLIC HEALTH ACT 2016 - SECT 167

167 .         Minister may make public health state of emergency declaration

        (1)         The Minister may, in writing, declare that a public health state of emergency exists in the whole of the State or in any area or areas of the State.

        (2)         The Minister cannot make a public health state of emergency declaration unless the Minister —

            (a)         has considered the advice of the Chief Health Officer, given after the Chief Health Officer has consulted with the person holding the office of State Emergency Coordinator under the Emergency Management Act 2005 ; and

            (b)         is satisfied that a public health emergency has occurred, is occurring or is imminent; and

            (c)         is satisfied that extraordinary measures are required to prevent or minimise loss of life or prejudice to the safety, or harm to the health, of persons.

        (3)         A public health state of emergency declaration —

            (a)         must include —

                  (i)         details of the public health emergency that is the basis of the declaration; and

                  (ii)         the time when, and date on which, the declaration is made; and

                  (iii)         details as to whether the declaration applies to the whole of the State or to one or more specified areas of the State;

                and

            (b)         may limit the powers that may be exercised during the period for which the declaration is in force.

        (4)         The making of a public health state of emergency declaration does not prevent the making of further public health state of emergency declarations in relation to the same or a different public health emergency.