Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 113

Public health directions—issue

113. (1) Where the Chief Health Officer has reasonable grounds for believing that it is necessary to prevent or alleviate a significant public health hazard, he or she may issue any or all of the following directions to a person for that purpose:

        (a)     a direction requiring a person to refrain from behaviour, or an activity, that significantly contributes, or that could so contribute, to the hazard;

        (b)     a direction requiring a person to cease performing work of a particular kind, or to cease working at a particular place, while such work significantly contributes, or could so contribute, to the hazard;

        (c)     a direction requiring a person who has a transmissible notifiable condition to undergo a medical examination;

        (d)     a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to undergo specified counselling;

        (e)     a direction requiring a person who has a transmissible notifiable condition, or a contact of such a person, to be confined to a particular place for a specified period, being the least restrictive confinement appropriate to the person's medical condition;

        (f)     a direction requiring a person not to enter, or not to remain in, a particular place for a specified period;

        (g)     a direction requiring a person to cease using a particular piece of equipment;

        (h)     a direction requiring a person to clean and decontaminate a particular place;

              (i)     a direction requiring a person to undertake, or to refrain from undertaking, any other action, where the Chief Health Officer has reasonable grounds for believing the requirement to be necessary for the purposes of preventing or alleviating the hazard;

        (j)     a direction requiring a person to take whatever action is necessary to ensure that another person or persons for whose care, support or education the person is responsible complies with a specified requirement or requirements referred to elsewhere in this subsection.

(2) In subsection (1), a reference to a person who has a transmissible notifiable condition, or to a contact of such a person, is to be taken to be a reference to a person who the Chief Health Officer has reasonable grounds for believing to have such a condition, or to be such a contact.

(3) A direction under subsection (1)—

        (a)     shall be in writing signed by the Chief Health Officer;

        (b)     may include conditions about the period within which, or the manner in which, the direction is to be complied with;

        (c)     shall state the public health hazard to be prevented or alleviated, and any other reason for issuing the direction; and

        (d)     shall include a statement to the effect that failure to comply with the direction might result in either or both of the following:

              (i)     action being taken by an authorised officer to implement the direction;

              (ii)     a court order being made to enforce the direction.

(4) In making a decision under subsection (1), the Chief Health Officer shall have regard to the following matters:

        (a)     the number of persons potentially affected by the public health hazard;

        (b)     the degree to which the public health hazard would affect individuals and the community;

        (c)     the availability of other control measures.

(5) The Chief Health Officer shall undertake the minimum action necessary under subsection (1) to prevent or alleviate the relevant public health hazard.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback