Queensland Consolidated Acts

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PUBLIC HEALTH ACT 2005 - SECT 113

Chief executive may order detention

113 Chief executive may order detention

(1) This section applies if the chief executive—
(a) reasonably suspects that a person who has presented to a public sector health service has, or may have, a controlled notifiable condition; and
(b) reasonably suspects the person’s condition, or the person’s condition and likely behaviour, constitutes an immediate risk to public health; and
(c) is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.
(2) However, subsection (1) (c) does not apply if it is not practicable to counsel the person.
(3) The chief executive may order the detention of the person at a public sector health service.
(4) The order (a
"chief executive’s order" ) must be in writing and must state the following—
(a) the controlled notifiable condition the person has or is suspected of having;
(b) the reasons for the order;
(c) the name of the public sector health service where the person is to be detained;
(d) that the person must—
(i) if the person is at the public sector health service where the person is to be detained—remain at the service; or
(ii) if the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service;
(e) that the person, while being detained at a public sector health service, must comply with the reasonable requirements of the person in charge of the service;
(f) when the chief executive’s order ends under section 115 .



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