New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 54

54 Medical practitioner to notify Secretary of Category 1 and 2 conditions

(cf 1991 Act, ss 14 and 15)

(1) This section applies if a registered medical practitioner--

(a) attends a person in connection with a Category 1 condition, or

(b) while attending a person in connection with any medical condition, reasonably suspects that the person has a Category 2 condition, or

(c) as a result of conducting a post-mortem examination, reasonably suspects that a person's cause of death involves a Category 1 or 2 condition.

(2) In these circumstances, the registered medical practitioner must, as soon as practicable--

(a) record such particulars concerning the person's medical condition as may be prescribed by the regulations, and

(b) send to the Secretary a certificate, in the approved form, of the particulars so recorded.

(3) The registered medical practitioner--

(a) must keep any such particulars for the period prescribed by the regulations, and

(b) subject to section 56, must provide the Secretary with such further information concerning the person's medical condition and transmission and risk factors as is available to the medical practitioner and as the Secretary may request.

(3A) Subject to section 56, any medical practitioner involved in the treatment of the person concerned must, at the request of the Secretary, provide the Secretary with--

(a) such information as is necessary to complete or correct a certificate that appears to be incomplete or incorrect, and

(b) such other information concerning the person's medical condition and transmission and risk factors as is available to the medical practitioner.

(4) A registered medical practitioner who attends a person as a patient at a hospital is not required to comply with subsection (2) if--

(a) the Category 1 or 2 condition concerned is a notifiable disease, and

(b) the medical practitioner believes on reasonable grounds that the Secretary has been notified of the disease in accordance with Division 2 of Part 5.

(5) A registered medical practitioner must not, without reasonable excuse, fail to comply with the requirements of this section.

: Maximum penalty--50 penalty units.

(6) It is a defence to proceedings for an offence under this section if the defendant satisfies the court--

(a) that the record alleged not to have been made or kept, or

(b) that the certificate alleged not to have been sent,

had been made, kept or sent by another registered medical practitioner.

(7) This section applies to a person engaged in an occupation prescribed by the regulations in the same way as it applies to a registered medical practitioner.