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PUBLIC HEALTH ACT 2016 - SECT 139

139 .         Informing contact persons

        (1)         This section applies if —

            (a)         the Chief Health Officer is notified under section 94 that a contact person may be the source of, or may have been exposed to, a notifiable infectious disease; or

            (b)         in response to a requirement made under section 133(1), 134(1) or 135(2), an authorised officer receives information that a contact person may be the source of, or may have been exposed to, a notifiable infectious disease.

        (2)         If this section applies, the Chief Health Officer or, as the case requires, the authorised officer may take reasonable steps to ensure —

            (a)         that the contact person is informed that he or she may be the source of, or may have been exposed to, a notifiable infectious disease; and

            (b)         that the contact person is provided with information about the disease, including information about —

                  (i)         the contact person’s obligations under section 88(2) to (4); and

                  (ii)         the contact person’s rights under section 88(5); and

                  (iii)         preventing the transmission of the disease to any other person;

                and

            (c)         that the contact person is tested and, if necessary, treated for the disease.

        (3)         In determining whether or not to take steps under subsection (2) and, if steps are to be taken, what steps, the Chief Health Officer or, as the case requires, the authorised officer must have regard to —

            (a)         the degree of the risk of the contact person having the notifiable infectious disease or, as the case requires, having contracted, or contracting, the disease; and

            (b)         any guidelines issued by the Chief Health Officer under section 140; and

            (c)         any other relevant circumstances.

        (4)         Without limiting subsection (2), the steps that the Chief Health Officer or authorised officer may take include requesting any of the following persons to do one or more of the things referred to in that subsection —

            (a)         a medical practitioner;

            (b)         a nurse practitioner;

            (c)         any other person whom the Chief Health Officer or authorised officer considers appropriate in the circumstances.

        (5)         If the contact person is a child or a person who for any other reason does not have the capacity to understand the information that would otherwise be provided to them under subsection (2)(a) or (b), the Chief Health Officer or, as the case requires, the authorised officer may take steps under subsection (2) to ensure that the information is instead provided to —

            (a)         if the contact person is a child, a parent or guardian of the child; or

            (b)         in any other case, a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the contact person.



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