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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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