Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 120

120 .         Provisions applying if person detained under public health order

        (1)         If a person is detained under section 117(1)(j) or (k) —

            (a)         the Chief Health Officer must review the person’s detention at intervals not greater than 28 days to determine whether the detention of the person continues to be required; and

            (b)         the person is entitled to obtain legal advice and to communicate with a lawyer; and

            (c)         if the detained person is a protected person, the person is entitled to be represented by a responsible person.

        (2)         The Chief Health Officer must ensure that a person who is detained under section 117(1)(j) or (k) is immediately released from that detention if —

            (a)         following a review under subsection (1)(a), the Chief Health Officer determines that the detention of the person is no longer required; or

            (b)         in the case of a person who is detained under section 117(1)(j), the medical examination or medical treatment for which the person was detained has been completed; or

            (c)         for any other reason, the detention of the person under the public health order is no longer required.