Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 354

354 Medical examination and treatment

(1) As soon as practicable after a person is detained, an emergency officer (medical) must request that the person be medically examined—

(a) to help decide whether the person has or may have a serious disease or illness so that the person may be treated for the disease or illness; and

(b) to decide whether the person is an immediate risk to public health.

(2) When requesting that the person be examined, the emergency officer (medical) must—

(a) give an explanation to the person about the examination to be undertaken in a way likely to be readily understood by the person; and

(b) tell the person that the person may refuse the examination.

(3) Any examination of the person may be conducted by an emergency officer (medical) or a doctor chosen by the person.

(4) The person must be given the opportunity of receiving medical treatment including by a doctor chosen by the person.

(5) Subsection (1) does not apply if—

(a) the serious disease or illness is an emergency notifiable condition and there is no recognised procedure for deciding whether the person has been exposed to the condition; or

(b) there is no way of deciding within 96 hours whether the person has been exposed to the serious disease or illness.

Note—

The chief executive may apply for an initial examination order under section 116 .