New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 65

65 NCAT may continue public health order

(cf 1991 Act, s 26)

(1) At any time before the expiration of--

(a) a public health order based on a Category 4 condition, or

(b) a public health order based on a Category 5 condition and confirmed under section 64,

an authorised medical practitioner may apply to the Civil and Administrative Tribunal for continuation of the order.

(2) An application may be made only if the applicant is satisfied that the person subject to the order would continue to be a risk to public health, as a consequence of a Category 4 or 5 condition, if not subject to a public health order.

(3) If such an application is made and the person subject to the order notifies the Civil and Administrative Tribunal that continuation of the order is not opposed, the Tribunal may, without inquiry, continue the order for a period not exceeding 6 months.

(4) Unless the order is continued under subsection (3), the Civil and Administrative Tribunal is to make such inquiries as it thinks fit in relation to the application and--

(a) may continue the order, with or without variation, for a period not exceeding 6 months from the date of the Tribunal's decision, or

(b) may refuse to continue the order, or

(c) may revoke the order.

Note : If the Civil and Administrative Tribunal refuses to continue the order, it will continue to have effect for the period specified in the order. If the Tribunal revokes the order, it will cease to have effect on revocation.

(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) More than one application may be made under this section in respect of the same order.