Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 186

186 .         Further provisions relating to requirement to remain in area or remain quarantined

        (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.]



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