South Australian Numbered Acts

HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 43

43—Removal of persons

        (1)         This section applies to a person—

            (a)         who is present at a site at which an incorporated hospital provides any health services; and

            (b)         who—

                  (i)         is considered by an authorised officer to be acting in a manner that constitutes disorderly or offensive behaviour; or

                  (ii)         is considered by an authorised officer on reasonable grounds to be a threat to another person at the site; or

                  (iii)         is suspected by an authorised officer on reasonable grounds of being unlawfully in possession of an article or substance; or

                  (iv)         without limiting a preceding subparagraph, is suspected by an authorised officer on reasonable grounds to have committed, or to be likely to commit, an offence against any Act or law.

        (2)         An authorised officer may exercise 1 or more of the following powers in relation to a person to whom this section applies:

            (a)         the authorised officer may require the person to provide the person's name and address, and to answer questions;

            (b)         the authorised officer may require the person to submit to a search of his or her clothes, or of anything in his or her possession;

            (c)         the authorised officer may seize anything in the person's possession that the authorised officer believes on reasonable grounds—

                  (i)         could be used to harm a person on the site; or

                  (ii)         constitutes an article or substance the possession of which is unlawful in the circumstances;

            (d)         the authorised officer may require the person to leave the site and, if the person does not immediately do so, the authorised officer may use reasonable force to remove the person;

            (e)         the authorised officer may require that the person not return to the site for a period (not exceeding 24 hours) specified by the authorised officer.

        (3)         An authorised officer must, before acting under subsection (2)(d) or (e), take reasonable steps to ensure that the person is not in need of medical assistance.

        (4)         An authorised officer may restrain a person to the extent necessary to exercise a power under subsection (2).

        (5)         In the exercise of powers under this section, an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances.

        (6)         A person who—

            (a)         without reasonable excuse, fails to comply with a requirement of an authorised officer under this section; or

            (b)         uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or

            (c)         without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer,

is guilty of an offence.

Maximum penalty: $10 000.

        (7)         A person is not obliged to answer a question under this section if to do so might incriminate the person.

        (8)         In this section—

"authorised officer" means an authorised officer appointed under a by-law made by an incorporated hospital under this Division.