medical practitioner; or
pathology service; or
person of a class prescribed by regulation,
suspects that a person has, or has died from, a notifiable condition, the
responsible person must as soon as practicable and, in any event, within
3 days of that suspicion being formed, report the case to the
Chief Public Health Officer.
Maximum penalty: $10 000.
(2) A report under
subsection (1) must be—
in a manner and form determined by the Chief Public Health Officer; and
accompanied by the information required by the Chief Public Health Officer to
be furnished in connection with the provision of the report.
(3) On the receipt of
a report under subsection (1) that relates to a person in a
local government area, the Chief Public Health Officer must, if there is an
immediate threat to public health in the area, as soon as is reasonably
practicable, communicate the contents of the report to the council for the
medical practitioner who suspects that a person is suffering from a
notifiable condition is not required to make a report under
subsection (1) with respect to that case if the practitioner knows or
reasonably believes that a report has already been made to the
Chief Public Health Officer by another medical practitioner who is, or has
been, responsible for the treatment of the person.
(5) Following receipt
of a report made under this section, the Chief Public Health Officer may from
time to time require additional information about the person or the person's
person who provided the report; and
other person who the Chief Public Health Officer reasonably believes could
furnish the Chief Public Health Officer with information relevant to
preventing, monitoring or controlling the notifiable condition.
(6) A person must not,
without reasonable excuse, fail to comply with a requirement imposed on the
person under subsection (5).
Maximum penalty: $10 000.
(7) No civil liability
arises from a statement made honestly and without malice in, or in connection
with, a report under this section.
(8) A person who
furnishes information under this section cannot, by virtue of doing so, be
held to have breached any law or any principle of professional ethics.
(9) A document held or
produced by the Chief Public Health Officer for the purposes of this section
that relates to a particular person is not subject to access under the
Freedom of Information Act 1991 .
(10) In this
"responsible person" means—
relation to a medical practitioner—the medical practitioner;
relation to a pathology service—the pathologist responsible for the day
to day operation of the pathology laboratory;
the case of a person of a class prescribed by regulation—a person
identified under the regulations.