Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 160

160 .         Review of requirement to remain at premises or remain quarantined

        (1)         If a person is directed under section 157(1)(c) or (i) to remain at any premises for more than 24 hours or, as the case requires, to remain quarantined from other persons for more than 24 hours, or a person is detained under section 158 for more than 24 hours —

            (a)         the Chief Health Officer must review the direction or, as the case requires, the detention decision at intervals not greater than 24 hours to determine whether or not it is still necessary for the person to remain at the premises or, as the case requires, to remain quarantined or be detained; and

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

            (c)         if the person is a child, the child is entitled to be represented by —

                  (i)         a parent or guardian of the child; or

                  (ii)         another person who has responsibility for the day-to-day care of the child; or

                  (iii)         if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

                and

            (d)         if the person is an impaired person, the impaired person is entitled to be represented by a responsible person.

        (2)         A person to whom a direction under section 157(1)(c) or (i) relates or who is detained under section 158 must be immediately permitted to leave the premises at which the person was directed to remain or, as the case requires, immediately released from quarantine or detention if —

            (a)         following a review under subsection (1)(a), the Chief Health Officer determines that it is no longer necessary for the person to remain at the premises or, as the case requires, to remain quarantined or detained; or

            (b)         for any other reason, it is no longer necessary for the person to remain at the premises or, as the case requires, to remain quarantined or detained.

        (3)         This section does not apply to a direction under section 157(1)(c) or (i) given to an IDEC-directed person.

        (4)         In subsection (3) —

        IDEC-directed person means a person who is subject to a quarantine direction in respect of an urgently notifiable infectious disease specified in an IDEC declaration at the time the person became subject to the direction.

        [Section 160 amended: No. 33 of 2020 s. 8.]