Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 124

124 .         Enforcement of public health orders

        (1)         An authorised officer may enforce a public health order.

        (2)         For the purposes of enforcing a public health order, an authorised officer may request the assistance of a police officer.

        (3)         An authorised officer or police officer may use reasonable force to enforce a public health order, including, if necessary —

            (a)         to apprehend and detain the person to whom the order applies (the relevant person ) and take the relevant person to —

                  (i)         a place where a medical examination or medical treatment is to be carried out in accordance with the order; or

                  (ii)         the place where the relevant person is required under the order to be;

                and

            (b)         to detain the relevant person at the place where he or she is required under the order to be; and

            (c)         to restrain the relevant person to enable a medical examination or medical treatment to be carried out; and

            (d)         to remove anything (including underwear) that the relevant person is wearing, if —

                  (i)         the removal of the thing is reasonably necessary to enable a medical examination or medical treatment to be carried out; and

                  (ii)         the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.

        (4)         Without limiting subsection (3), the force that an authorised officer or police officer may use to enforce a public health order includes any force that it is reasonably necessary to use in the circumstances to overcome any resistance to the enforcement of the public health order (including enabling a medical examination or medical treatment to be carried out) that is offered by the relevant person, or that the authorised officer or police officer reasonably suspects will be offered by the relevant person.

        (5)         If any action taken under subsection (3) involves the removal of an item of clothing —

            (a)         it must be done with decency and sensitivity and in a manner that gives to the relevant person the degree of privacy and dignity that is consistent with carrying out the public health order; and

            (b)         the authorised officer or police officer taking the action and any other person present while it is done (excluding any person who is carrying out any medical examination or medical treatment) must, if practicable, be of the same gender as the relevant person; and

            (c)         the number of people present while it is done (excluding a person who is present under paragraph (d)) must be no more than is reasonably necessary to ensure that the public health order is carried out effectively and to ensure the safety of all present; and

            (d)         if the relevant person is a protected person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the protected person with support and represent his or her interests.