Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165BF

    (1)     Subject to subsection (4), before a person is detained pursuant to the exercise of a pandemic management power, or the detention of a person is extended in the exercise of a pandemic management power, the person must be given—

        (a)     a notice under subsection (2); or

        (b)     an explanation of the reason why it is necessary to detain the person, and a warning to the person that a refusal or failure to comply with a pandemic order, or a direction given or a requirement made, in the exercise of a pandemic management power without a reasonable excuse is an offence.

    (2)     A notice under this subsection must be in writing and must state the following—

        (a)     the purpose of the detention and its terms;

        (b)     any exemptions that may be available to the person in respect of the detention;

        (c)     an explanation of the person's rights and entitlements in relation to making a complaint, seeking an exemption or seeking a review of the detention or the extension of the detention including, but not limited to—

              (i)     the process for making a complaint or seeking an exemption; and

              (ii)     the process for making an application for review of the detention under section 165BI;

        (d)     that a refusal or failure to comply with a pandemic order, or with a direction given to the person, or a requirement made of the person, in the exercise of a pandemic management power without a reasonable excuse is an offence.

    (2A)     Without limiting subsection (2)(c), an explanation under that subsection must include an explanation of the following rights that the person has, or may have, and the processes in respect of those rights—

        (a)         the right to complain to the Ombudsman under the Ombudsman Act   1973 ;

        (b)     the right to make a complaint under section 185 of this Act; or

        (c)     the right to seek review in a court.

    (3)     If an explanation is given under subsection (1)(b) or a notice is given under subsection (2)—

        (a)     it must be in a form that the person to whom it is given is capable of understanding; or

        (b)     t     he person to whom it is given must be provided with reasonable assistance to understand the explanation or notice.

    (4)     If, in the particular circumstances in which a person is detained or the detention of a person is extended, it is not practicable to give a notice or an explanation to the person before the person is detained or the extension takes effect, a notice or explanation must be given as soon as reasonably practicable.

    (5)     If a person is given an explanation under subsection (1)(b) or (4), a notice under subsection (2) must be given to the person as soon as reasonably practicable after the explanation is given.

S. 165BG inserted by No. 53/2021 s. 12.