New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 61

61 Secretary may direct persons to undergo medical examination or testing

(cf 1991 Act, s 22)

(1) This section applies if the Secretary--

(a) knows, or suspects on reasonable grounds, that a person has a Category 4 or 5 condition, and

(b) considers that the person may, on that account, be a risk to public health, and

(c) considers that the nature of the condition warrants medical examination or testing relating to the condition.

(2) In these circumstances, the Secretary may, by notice in writing, direct the person concerned to undergo, within a specified period, a specified kind of medical examination or test relating to the Category 4 or 5 condition--

(a) by a registered medical practitioner in general practice, or

(b) by a registered medical practitioner practising in a specified field.

(3) If the person fails to comply with a direction under subsection (2), the Secretary may, by further notice in writing, direct the person to undergo the specified kind of medical examination or test, at a specified time and place, by a specified registered medical practitioner.

(4) A person must not, without reasonable excuse, fail to comply with a direction under subsection (3).

: Maximum penalty--50 penalty units.

(5) A direction under subsection (2) or (3) must have due regard to the sensitivities of the person concerned in relation to the gender, ethnicity and cultural background of the registered medical practitioner by whom the examination is to be carried out.

(6) The medical practitioner who carries out the examination or test must, as soon as practicable, provide the Secretary with a report of the examination or the results of the test.

: Maximum penalty--50 penalty units.