New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 64

64 NCAT may confirm certain public health orders

(cf 1991 Act, s 25)

(1) An application may be made to the Civil and Administrative Tribunal for confirmation of a public health order based on a Category 5 condition or made in relation to a person referred to in section 62(1)(b).

Note : The confirmation of any such order is a
"decision" for the purposes of the Civil and Administrative Tribunal Act 2013 .

(2) As soon as practicable after such an application is made, the Civil and Administrative Tribunal is to inquire into the circumstances surrounding the making of the public health order.

(3) Following its inquiry, the Civil and Administrative Tribunal--

(a) may confirm the public health order, or

(b) may vary the order and confirm it as varied, or

(c) may revoke the order.

(4) An inquiry under this section may not be adjourned for more than 7 days at a time.

(5) For the purposes of an inquiry under this section, the Civil and Administrative Tribunal--

(a) may obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and

(b) may take into account any advice given by such a person.

(6) The Civil and Administrative Tribunal's power to
"vary" a public health order under this section is a power--

(a) to omit a requirement from the order, or

(b) to include in the order a requirement that could have been included in the order when it was made, or

(c) to substitute a requirement that could have been included in the order when it was made for any one or more of the requirements already included in the order.

(7), (8)