Australian Capital Territory Repealed Acts

This legislation has been repealed.

TUBERCULOSIS ACT 1950 (REPEALED) - SECT 4

[ Note: This provision was uncommenced at republication date. ]

    (1)     A doctor or authorised nurse practitioner commits an offence if—

        (a)     the doctor or nurse practitioner has reasonable grounds to believe that a patient has, or may have, tuberculosis; and

        (b)     the doctor or nurse practitioner fails to notify the chief health officer about the patient's condition as soon as possible, including—

              (i)     whether the tuberculosis is or was in an active form or is suspected of being or having been in that form; and

              (ii)     whether the patient is or was in an infectious condition or is suspected of being or having been in that condition.

Maximum penalty: 5 penalty units.

    (2)     A doctor commits an offence if—

        (a)     the doctor has reasonable grounds to believe that a dead person had, or may have had, tuberculosis at the time of death; and

        (b)     the person was a patient of the doctor immediately before death, or was examined by the doctor after death; and

        (c)     the doctor fails to notify the chief health officer about the person's condition as soon as possible, including—

              (i)     whether the tuberculosis is or was in an active form or is suspected of being or having been in that form; and

              (ii)     whether the person is or was in an infectious condition or is suspected of being or having been in that condition.

Maximum penalty: 5 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     It is a defence to a prosecution for an offence against subsection (1) or (2) if the doctor or authorised nurse practitioner proves that he or she believed on reasonable grounds that the chief health officer had already been told about the condition of the patient or dead person.

    (5)     In this section:

"authorised nurse practitioner" means a nurse practitioner who is the occupant of a nurse practitioner position acting within the scope of practice for the position.

"nurse practitioner position"—see the Health Act 1993 , section 37B (2).

"scope of practice"—see the Health Act 1993 , section 37B (2).