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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
South Australian Public Health (Controlled Notifiable
Conditions) Amendment Bill 2020
A BILL FOR
An Act to amend the
South
Australian Public Health Act 2011
.
Contents
Part 2—Amendment of South Australian
Public Health Act 2011
3Amendment of section 73—Power to require a
person to undergo an examination or test
4Amendment of section 74—Power to require
counselling
5Amendment of section 75—Power to give
directions
6Amendment of section 77—Power to require
detention
7Amendment of section
79—Warrants
8Amendment of section 101—Service of
notices or other documents
The Parliament of South Australia enacts as
follows:
This Act may be cited as the South Australian Public Health (Controlled
Notifiable Conditions) Amendment Act 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of South Australian Public Health
Act 2011
3—Amendment
of section 73—Power to require a person to undergo an examination or
test
Section 73(8)—delete subsection (8) and substitute:
(8) A requirement
will be imposed by service of an order on the person unless—
(a) the person is unconscious; or
(b) the Chief Public
Health Officer considers that urgent action is required in the circumstances of
the particular case, in which case an oral order may be given.
(8a) If an oral order is given under
subsection (8)(b)
, the Chief Public Health Officer must confirm the order by notice in
writing served on the person as soon as practicable, but in any event within
48 hours, after giving the order (and a failure to serve a notice in
accordance with this subsection will not affect the validity of the
order).
4—Amendment
of section 74—Power to require counselling
Section 74(3)—delete subsection (3) and substitute:
(3) A requirement
will be imposed by service of an order on the person unless the Chief Public
Health Officer considers that urgent action is required in the circumstances of
the particular case, in which case an oral order may be given.
(3a) If an oral order is given under
subsection (3)
, the Chief Public Health Officer must confirm the order by notice in
writing served on the person as soon as practicable, but in any event within
48 hours, after giving the order (and a failure to serve a notice in
accordance with this subsection will not affect the validity of the
order).
5—Amendment
of section 75—Power to give directions
(1) Section 75(1)(a)—delete "has, or has been exposed to, a
controlled notifiable condition; and" and substitute:
—
(i) has a controlled notifiable condition; or
(ii) has been exposed to a controlled notifiable condition; or
(iii) could have been exposed to a controlled notifiable condition;
and
(2) Section 75(3)—delete subsection (3) and substitute:
(3) Any direction will
be imposed by service of an order on the person unless the Chief Public Health
Officer considers that urgent action is required in the circumstances of the
particular case, in which case an oral order may be given.
(3a) If an oral order is given under
subsection (3)
, the Chief Public Health Officer must confirm the order by notice in
writing served on the person as soon as practicable, but in any event within
48 hours, after giving the order (and a failure to serve a notice in
accordance with this subsection will not affect the validity of the
order).
(3) Section 75(4)(a)—delete "reside at a specified place" and
substitute:
remain at a specified place including, without limitation, a hospital or
quarantine facility
6—Amendment
of section 77—Power to require detention
(1) Section 77(1)—delete subsection (1) and substitute:
(1) The Chief Public Health Officer may make an order under this section
if—
(a) the Chief Public Health Officer has reasonable grounds to believe that
a person—
(i) has a controlled notifiable condition; or
(ii) has been exposed to a controlled notifiable condition; or
(iii) could have been exposed to a controlled notifiable condition;
and
(b) either—
(i) the person is or has been the subject of 1 or more directions under
section 75 and has contravened or failed to comply with a direction;
or
(ii) the Chief Public Health Officer considers that there is a material
risk the person would not comply with 1 or more directions under section 75
if they were to be imposed; or
(iii) the Chief Public Health Officer is satisfied that urgent action is
required in the circumstances of the particular case such that a direction under
section 75 is not appropriate; and
(c) the Chief Public Health Officer considers that the person presents, or
could present, a risk to public health and that action under this section is
justified.
(2) Section 77(3)—delete subsection (3) and substitute:
(3) An order under this
section must be served on the person unless the Chief Public Health Officer
considers that urgent action is required in the circumstances of the particular
case, in which case an oral order may be given.
(3a) If an oral order is given under
subsection (3)
, the Chief Public Health Officer must confirm the order by notice in
writing served on the person as soon as practicable, but in any event within
48 hours, after giving the order (and a failure to serve a notice in
accordance with this subsection will not affect the validity of the
order).
(3) Section 77(4)—delete "submit to being" and substitute:
be
(4) Section 77(6)—delete subsection (6) and substitute:
(6) Subject to this section—
(a) an order made on the grounds specified in subsection (1)(a)(i) or
(ii)—
(i) will be for an initial period not exceeding 30 days;
and
(ii) will be able to be extended from time to time by the Chief Public
Health Officer for periods not exceeding 60 days; and
(b) an order made on the grounds specified in subsection
(1)(a)(iii)—
(i) will be for an initial period not exceeding 48 hours;
and
(ii) will be able to be extended from time to time by the Chief Public
Health Officer for periods not exceeding 30 days.
(5) Section 77(7)—delete "under this section" and
substitute:
made on the grounds specified in subsection (1)(a)(i) or
(ii)
(6) Section 77—after subsection (8) insert:
(8a) If the Chief
Public Health Officer considers that it will be necessary to extend an order
made on the grounds specified in subsection (1)(a)(iii) beyond an initial
period of 48 hours, the Chief Public Health Officer must, before the
expiration of that period, apply to the Magistrates Court for a review of the
order.
(8b) If an
application is made under
subsection (8a)
—
(a) the order may be extended beyond the initial period of 48 hours
pending the outcome of the application to the Magistrates Court; and
(b) the Magistrates Court should seek to hear and determine the
application as soon as is reasonably practicable after it is made to the Court;
and
(c) the Magistrates Court may, on hearing the application, confirm, vary
or revoke the order that has been made by the Chief Public Health
Officer.
Note—
See also the power in subsection (13) to determine examination
periods.
(7) Section 77(13)(b)—after "Supreme Court Judge" insert:
or Magistrate
7—Amendment
of section 79—Warrants
(1) Section 79(1)(a)—delete paragraph (a) and substitute:
(a) for the issue of a warrant for the apprehension by an authorised
person of a person—
(i) who has failed to comply with an order, requirement or direction under
this Division; or
(ii) who is the subject of an order that has not been served on the person
despite reasonable efforts to do so; or
(iii) who—
(A) has a controlled notifiable condition, has been exposed to a
controlled notifiable condition or could have been exposed to a controlled
notifiable condition; and
(B) is engaging in, or has engaged in, conduct that creates a risk to
others in respect of the controlled notifiable condition.
(2) Section 79(2)—after "appropriate" insert:
in the circumstances including (without limitation) action
8—Amendment
of section 101—Service of notices or other documents
(1) Section 101(4)—delete "An order" and substitute:
Subject to this section, an order
(2) Section 101—after subsection (4) insert:
(5) In the event that personal service of an order under Part 10 is
not reasonably practicable, such an order may be served in a manner contemplated
by subsections (1)(a), (b) or (c).
(6) Subsection (4) does not apply to a written notice confirming an
oral order made under Part 10.