South Australian Current Acts South Australian Current Acts (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) However, the
Chief Public Health Officer should not act under this section unless
satisfied—
(a) that
the person has undertaken counselling that is appropriate in the
circumstances, or has refused or failed to undertake counselling that has been
made reasonably available to the person; or
(b) that
counselling is not appropriate in the circumstances of the particular case; or
(c) that
urgent action is required in the circumstances of the particular case and that
counselling can be provided after action is taken under this section.
(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 72 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) An order under
this section will be that the person be detained at a specified place while
the order is in force.
(5) An order under
this section may contain other requirements relating to the person's conduct
or supervision that the Chief Public Health Officer considers to be
appropriate in the circumstances.
(5a) For the purposes
of giving effect to an order made under this section in respect of a person,
the Chief Public Health Officer or an authorised person may—
(a)
apprehend and take the person to the place at which the person is to be
detained under the order; and
(b)
restrain the person and otherwise use force in relation to the person as
reasonably required in the circumstances; and
(c) be
assisted by such persons as may be necessary or desirable in the
circumstances.
(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.
(7) 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)(i) or (ii)
beyond an initial period of 30 days, the Chief Public Health Officer
must, before the expiration of that period, apply to the Supreme Court for a
review of the order.
(8) If an application
is made under subsection (7)—
(a) the
order may be extended beyond the initial period of 30 days pending the
outcome of the application to the Supreme Court; and
(b) the
Supreme 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
Supreme Court may, on hearing the application, confirm, vary or revoke the
order that has been made by the Chief Public Health Officer.
(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.
(9) Furthermore, a
person must not be detained under this section for a period exceeding
6 months in total unless the Supreme Court has, on application by the
Chief Public Health Officer made for the purposes of this subsection,
confirmed the order (with or without any variation made by the Court).
(10) The Supreme Court
will be constituted of a single Judge for the purposes of proceedings under
subsections (7), (8) and (9).
(11) A Judge, in
acting under a preceding subsection, may make any consequential or ancillary
order or direction, or impose any conditions, the Judge considers appropriate
(including that the relevant person be released pending the outcome of the
hearing of the matter (if the Judge thinks fit) on such conditions, if any, as
the Judge may determine, or that the matter be brought back before the Supreme
Court constituted of a single Judge at a time, or within a period or periods,
specified by the Judge (and, if a matter is brought back before the Court,
then a Judge may make such orders as the Judge thinks fit)).
(12) The preceding
subsections do not limit the ability of a person to apply for a review of an
order under this section under section 78.
(13) A person who is
detained under this section must be examined by a medical practitioner at
intervals not exceeding—
(a)
30 days; or
(b) such
shorter period or periods as a Supreme Court Judge or Magistrate may determine
having regard to the nature of the controlled notifiable condition and the
extent to which the person has been affected by that condition.
(14) The Chief Public
Health Officer must facilitate any reasonable request for communication made
by a person detained under this section.
(15) In this
section—
"authorised person" means—
(a) a
police officer; or
(b) a
person authorised by the Chief Public Health Officer to act as an
authorised person under this section.