South Australian Current Acts South Australian Current Acts (1) If the Chief
Public Health Officer considers it necessary to do so, the Chief Public Health
Officer may apply to a magistrate—
(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.
(b) for
the person to whom the warrant relates—
(i)
to be subject to any examination, test or other action
required by the order, requirement or direction to which the warrant relates;
or
(ii)
to be brought before a magistrate.
(2) If or when a
person is brought before a magistrate, the magistrate may take such action as
the magistrate thinks appropriate in the circumstances including (without
limitation) action to achieve compliance with the relevant order, requirement
or direction, including—
(a) by
making such orders as the magistrate thinks fit;
(b) by
issuing a warrant for the detention of the relevant person until the person is
willing to comply with the order, requirement or direction.
(3) Without limiting
subsection (1) or (2), a warrant under this section may provide that
the person be held in a place of quarantine or isolation—
(a) for
a period determined by the magistrate, or from time to time subject to
periodic reviews by a magistrate; or
(b)
until otherwise determined by a magistrate.
(4) An authorised
person is authorised to take any action contemplated by a warrant under this
section (including to take a person to any place and to restrain a person
while any examination or testing is undertaken (including testing involving
the taking of a blood, urine or other biological sample)).
(5) Without limiting
subsection (4), reasonable force may be used in the execution of a
warrant under this section.
(6) In the exercise of
powers under a warrant, an authorised person may be accompanied by such
assistants as may be necessary or desirable in the circumstances.
(7) A right of appeal
exists to the Supreme Court (constituted of a single judge) against a decision
of a magistrate under this section.
(8) On an appeal, the
Supreme Court may—
(a)
confirm, vary or quash the magistrate's decision;
(b) make
any order that the justice of the case may require.
(9) Subject to an
appeal, an order of a magistrate under this section will be taken to be an
order of the Magistrates Court.
(10) 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.