Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 169

169 Chief executive may direct person in charge in relation to child

(1) This section applies if—

(a) a doctor who examines a child under section 167 attending a school, education and care service or QEC approved service advises the chief executive that—

(i) the child has, or may have, a contagious condition; and

(ii) the prescribed period for the condition has not ended; or

(b) a parent of a child has been advised under section 168 but the child has not been examined—

(i) by the doctor arranged by the chief executive; or

(ii) by another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or

(c) the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service has, or may have, a contagious condition and the prescribed period for the condition has not ended; or

(d) the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service—

(i) has not been vaccinated for a vaccine preventable condition; and

(ii) will be at risk of contracting the condition if the child continues to attend the school or service.

(2) The chief executive may direct the person in charge of the school, education and care service or QEC approved service to direct the parent of the child to remove the child from, and not to send the child to, the school or service for the prescribed period for the condition.

(3) If directed by the chief executive under subsection (2) , the person in charge of the school, education and care service or QEC approved service must comply with the direction, unless the person in charge has a reasonable excuse.

Penalty—

Maximum penalty—50 penalty units.

(4) A direction by the chief executive under subsection (2) —

(a) must be given in writing, if practicable; and

(b) must include the information mentioned in section 170 (2) .

(5) If it is not practicable to give the direction in writing, the chief executive may give the direction orally but must confirm it in writing as soon as practicable thereafter.