Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 119

119 .         Explanation of public health order

        (1)         The Chief Health Officer must ensure that a person to whom a public health order applies is informed in language likely to be readily understood by the person —

            (a)         of the person’s obligations under section 88(2) to (4); and

            (b)         of the person’s rights under section 88(5); and

            (c)         of the person’s right under section 127 to apply to the State Administrative Tribunal for a review of the decision to make the order; and

            (d)         that the person has the right to obtain legal advice and to communicate with a lawyer; and

            (e)         about the purpose and effect of the order; and

            (f)         that force may be used to enforce the order; and

            (g)         that failure to comply with the order is an offence.

        (2)         If the person to whom a public health order applies is a protected person —

            (a)         a suitably modified version of the explanation required by subsection (1) is also to be given to the responsible person on whom the order is personally served in accordance with section 118(2); and

            (b)         without limiting paragraph (a), the explanation must also inform the responsible person of his or her obligations under section 123.

        (3)         This section applies, with all necessary changes, to a variation to a public health order.

        (4)         Failure to comply with this section does not invalidate a public health order.



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