Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 114

Provisions applying to examination and testing orders

    (1)     An examination and testing order has effect from the time that it is served on the person to whom it applies.

    (2)     The Chief Health Officer must as soon as is reasonably practicable provide a copy of an examination and testing order to any registered medical practitioner specified in the examination and testing order.

    (3)     If a person is detained under an examination and testing order, the period of the detention commences when the person is in the physical custody of the person who is taking that person to the specified place of detention.

    (4)     If the Chief Health Officer ceases to believe that any of the matters specified in section 113(1) apply, the Chief Health Officer must—

        (a)     revoke the examination and testing order by a written notice of revocation;

        (b)     serve a copy of the notice of revocation on the person to whom the examination and testing order applied;

        (c)     provide a copy of the notice of revocation to any registered medical practitioner specified in the examination and testing order.

    (5)     The Chief Health Officer can only make a further examination and testing order under section 113(1) providing for a person to be detained if the Chief Health Officer is satisfied that since the person was last detained there has been a change in the person's health which constitutes a different serious risk to public health.



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