Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 127

127 .         Review by State Administrative Tribunal

        (1)         A person to whom a public health order applies (the applicant ) may apply to the State Administrative Tribunal for a review of —

            (a)         the decision to make the order; or

            (b)         if the order is varied under section 116(5), the decision to vary the order.

        (2)         The State Administrative Tribunal must hear and determine the application as a matter of priority and urgency.

        (3)         Without limiting the matters that the State Administrative Tribunal may consider in determining the application, the State Administrative Tribunal must consider —

            (a)         the method by which the notifiable infectious disease named in the public health order is transmitted; and

            (b)         the seriousness of the risk that the applicant may transmit that disease to other people; and

            (c)         the past behaviour and likely behaviour of the applicant; and

            (d)         the extent of the restrictions imposed on the applicant.



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