South Australian Current Acts

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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 96D

96D—Exclusion of children from premises on outbreak of vaccine preventable disease

        (1)         The Chief Public Health Officer may, by notice in writing, direct that a specified child is excluded from attending at specified premises at which early childhood services are provided if satisfied that—

            (a)         the child has been diagnosed with a vaccine preventable disease; or

            (b)         there is an outbreak of a specified vaccine preventable disease at the premises and the child would, if the child attended at the premises, be at a material risk of contracting the vaccine preventable disease.

        (2)         For the purposes of subsection (1)(b), an outbreak of a vaccine preventable disease may (without limitation) exist at premises if 1 or more persons who routinely attend at the premises have been diagnosed with the specified vaccine preventable disease.

        (3)         A direction of the Chief Public Health Officer under subsection (1)—

            (a)         remains in force for the period specified in the direction; and

            (b)         may be varied or revoked by the Chief Public Health Officer at any time by subsequent notice in writing.

        (4)         A direction under subsection (1) in respect of a specified child and any subsequent variation or revocation of such a direction must be served on the person responsible for the provision of early childhood services at the premises by—

            (a)         personal service on the person or an agent of the person; or

            (b)         leaving it at the premises specified in the notice with a person apparently employed or engaged in the provision of an early childhood service at the premises; or

            (c)         email, fax or text message to an email address, fax number or telephone number known to be used by the person (in which case the direction will be taken to have been served at the time of transmission); or

            (d)         if the person serving the notice has made a reasonable attempt to serve the direction under paragraphs (a), (b) and (c) but has been unsuccessful—affixing it to the premises at or near to the entrance of the premises.

        (5)         A copy of a direction under subsection (1) in respect of a specified child and any subsequent variation or revocation of such a direction must be given to a parent or guardian of the child by the Chief Public Health Officer as soon as is reasonably practicable after making the direction.

        (6)         A person must not provide an early childhood service to a child at premises from which the child is excluded pursuant to a direction under subsection (1).

Maximum penalty: $30 000.



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