South Australian Numbered Acts

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 (NO 21 OF 2011) - SECT 71

71—Chief Public Health Officer to be able to act in other serious cases

        (1)         In this section—

"serious disease", in relation to a particular person, means a disease—

            (a)         which is, or may be, infectious; and

            (b)         which the Chief Public Health Officer reasonably believes to present a serious risk to public health.

        (2)         This section applies to a person if—

            (a)         the Chief Public Health Officer has reason to believe that the person (the "relevant person") has, or has been exposed to, a serious disease; and

            (b)         the disease is not a controlled notifiable condition; and

            (c)         the Chief Public Health Officer determines that it is appropriate for action to be taken under this section; and

            (d)         the Chief Public Health Officer serves notice of the determination on the relevant person.

        (3)         In a case where this section applies—

            (a)         the serious disease will, in relation to the relevant person, be taken to be a controlled notifiable condition; and

            (b)         the Chief Public Health Officer may take action under this Part in relation to the relevant person as if the person had a controlled notifiable condition.

        (4)         This section will cease to apply to a relevant person—

            (a)         if the Chief Public Health Officer revokes his or her determination under subsection (2)(c); or

            (b)         at the expiration of 28 days from service of the notice under subsection (2)(d); or

            (c)         if the serious disease is declared to be a controlled notifiable condition under this Part,

whichever first occurs.

        (5)         The fact that this section ceases to apply to a person—

            (a)         does not effect any order, requirement or direction that applies in relation to the person immediately before the time that this section ceases to apply if the serious disease that gave rise to the application of this section has been declared to be a controlled notifiable condition under this Division (and is a controlled notifiable condition at the time that the section ceases to apply); and

            (b)         does not prevent the section applying to the person again if the Chief Public Health Officer has a reason to believe that the person is again suffering from, or has been exposed to, another serious disease (and the other requirements of subsection (2) are satisfied).