(1) Before an
emergency officer gives a direction under section 184(1)(a) or (b) to a
person, the emergency officer must briefly explain, in language likely to be
readily understood by the person —
(a) the
reason why it is necessary for the person to remain in the area or, as the
case requires, to remain quarantined from other persons; and
(b) that
the person is entitled to obtain legal advice and to communicate with a
lawyer; and
(c) that
the person has a right under section 194 to apply to the State Administrative
Tribunal for a review of the decision to give the direction.
(2) However, if in the
particular circumstances in which the power to give the direction is to be
exercised, it is not practicable to give the explanation required by
subsection (1) before the power is exercised, the emergency officer must do so
as soon as is practicable.
(3) If the person to
whom a direction under section 184(1)(a) or (b) relates is a child or an
impaired person, the emergency officer must ensure that a suitably modified
version of the explanation required by subsection (1) is given to —
(a) in
the case of a child —
(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;
(b) in
the case of an impaired person, a responsible person.
(4) Failure to comply
with this section does not invalidate a direction given under
section 184(1)(a) or (b).
(5) Despite subsection
(1), if a direction under section 184(1)(a) or (b) is given to a class of
person, the explanation required by subsection (1) may be set out in the
direction.
[Section 186 amended: No. 33 of 2020 s. 11.]