Western Australian Current Acts Western Australian Current Acts (1) The Chief Health
Officer may make a public health order in respect of a person if the Chief
Health Officer reasonably believes that —
(a) the
person —
(i)
has a notifiable infectious disease; or
(ii)
has been exposed to a notifiable infectious disease, and
may develop that disease;
and
(b) the
person is behaving, or may behave, in a way that (if the person has or
develops the disease) will transmit, or is likely to transmit, the disease to
another person; and
(c)
there is a material public health risk; and
(d) any
of the following applies —
(i)
the person has been given counselling;
(ii)
reasonable attempts have been made to give the person
counselling;
(iii)
it is not practicable to give the person counselling
before making the order;
and
(e)
making a public health order is necessary to prevent or minimise the material
public health risk posed by the person.
(2) A public health
order must —
(a) be
in writing in the approved form; and
(b) name
the person to whom it applies; and
(c) name
the notifiable infectious disease the person is believed to have or to which
the person is believed to have been exposed, as the case requires; and
(d) set
out the details of what the order requires the person to whom it applies to do
or refrain from doing; and
(e) give
details of the circumstances that the Chief Health Officer considers justify
making the order; and
(f) set
out the following information —
(i)
an explanation of the person’s obligations under
section 88(2) to (4);
(ii)
an explanation of the person’s rights under
section 88(5);
(iii)
a statement that the person has the right under
section 127 to apply to the State Administrative Tribunal for a review of the
decision to make the order;
(iv)
a statement that the person has the right to obtain legal
advice and to communicate with a lawyer;
and
(g)
state that force may be used to enforce the order; and
(h)
contain a warning that failure to comply with the order is an offence; and
(i)
include any matters prescribed by the regulations.
(3) When making a
public health order, the Chief Health Officer must take into account the
principle that any requirement of the order restricting the liberty of the
person to whom the order applies should be imposed only if it is the only
effective way to ensure that public health is not endangered or likely to be
endangered.
(4) A public health
order may include ancillary or incidental directions and may be made subject
to any reasonable conditions that the Chief Health Officer considers
appropriate and specifies in the order.
(5) The Chief Health
Officer may, by further order under this section, vary or revoke a public
health order.