Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 101

101 .         Process for making test order

        (1)         A test order must be in writing and must include the following —

            (a)         details of the incident or circumstance to which the order relates;

            (b)         the name of the person to be tested under the order;

            (c)         if the person to be tested under the order is a protected person or a deceased person —

                  (i)         in the case of a protected person, the name of a responsible person; or

                  (ii)         in the case of a deceased person, the name of the person who has lawful custody of the deceased person’s body;

            (d)         the name of the notifiable infectious disease for which the person is to be tested;

            (e)         the kind of sample to be obtained under the order;

            (f)         where and when the sample is to be obtained;

            (g)         a statement that section 109 confers a right to apply to the State Administrative Tribunal for a review of the decision to make the order;

            (h)         a statement that the person who is required to comply or facilitate compliance with the order has the right to obtain legal advice and to communicate with a lawyer;

                  (i)         a statement that force may be used to enforce the order;

            (j)         a warning that failure to comply or, as the case requires, facilitate compliance with the order is an offence.

        (2)         A test order must be served personally on —

            (a)         unless paragraph (b) or (c) applies, the person to be tested under the order; or

            (b)         if the person to be tested under the order is a protected person, the responsible person named in the order; or

            (c)         if the person to be tested under the order is a deceased person, the person who has lawful custody of the deceased person’s body.

        (3)         A test order may be made subject to any reasonable conditions that the Chief Health Officer considers appropriate and specifies in the order.

        (4)         The Chief Health Officer may, by further order under section 100, vary or revoke a test order, and the variation or revocation of the order must be served personally on the person on whom the original order was served.

        (5)         A test order, or a variation to a test order, does not take effect until it is served personally in accordance with subsection (2) or (4), as the case requires.