Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 113

    (1)     The Chief Health Officer may make an examination and testing order if the Chief Health Officer believes that—

        (a)     a person has an infectious disease or has been exposed to an infectious disease in circumstances where a person is likely to contract the disease; and

        (b)     if infected with that infectious disease, the person is likely to transmit that disease; and

        (c)     if infected with that infectious disease, a serious risk to public health is constituted by—

              (i)     the infectious disease; or

              (ii)     the combination of the infectious disease and the likely behaviour of that person; and

S. 113(1)(d) substituted by No. 15/2022 s. 21(1).

        (d)     the making of an order under this section is necessary to ascertain either (or both) of the following—

              (i)     whether the person has the infectious disease;

              (ii)     the likelihood that a person with the infectious disease may transmit that disease; and

        (e)     a reasonable attempt has been made to provide that person with information relating to the effect of the infectious disease on the person's health and the risk posed to public health or it is not practicable to provide this information before making the order.

    (2)     An examination and testing order must—

        (a)     be in writing;

        (b)     identify the person to whom the order applies;

        (c)     specify the purpose of the order;

        (d)     specify the infectious disease which the Chief Health Officer believes the person has or has been exposed to;

        (e)     explain why the Chief Health Officer believes that the person is infected with the infectious disease or has been exposed to the infectious disease in circumstances where a person is likely to contract the infectious disease;

        (f)     explain that if the person does not comply with the order, the person commits an offence and is liable to a penalty not exceeding 60 penalty units.

    (3)     An examination and testing order may require the person to whom the order applies to comply with any of the following as specified in the order and subject to any conditions that the Chief Health Officer considers are appropriate—

        (a)     undergo one or more specified examinations by a specified registered medical practitioner within a specified period of time;

S. 113(3)(b) amended by No. 15/2022 s. 21(2).

        (b)     undergo one or more specified tests by a specified registered medical practitioner within a specified period of time to ascertain whether the person has the infectious disease, or if the person is known to have an infectious disease, the likelihood of transmission of that disease;

        (c)     if the person fails to undergo a specified examination or test, the person is to be detained, or detained in isolation, at a specified place for the specified period not exceeding 72 hours for the purpose of undergoing the specified examination or test.