Western Australian Current Acts

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196 .         Power of Chief Health Officer to direct public authorities during public health state of emergency

        (1)         During a public health state of emergency, the Chief Health Officer is responsible for coordinating any activities of public authorities that the Chief Health Officer considers necessary or desirable to coordinate for responding to the public health emergency.

        (2)         For the purposes of that coordination, the Chief Health Officer may —

            (a)         direct any public authority to do or not to do any act, or to perform or not to perform any function; and

            (b)         appoint an officer of a public authority to have overall control of particular activities carried out by public authorities in response to the public health emergency, where a number of public authorities are involved.

        (3)         If a direction is given to a public authority under subsection (2)(a) —

            (a)         the public authority must comply with the direction within the time and in the manner, if any, specified in the direction; and

            (b)         the direction prevails to the extent of any conflict or inconsistency with any written law or other law, but subject to section 164(3).

        (4)         This section does not authorise the Chief Health Officer —

            (a)         to direct the Police Force of Western Australia, or any police officer, to do or not to do any act, or to perform or not to perform any function; or

            (b)         to appoint a police officer to have control of particular activities under subsection (2)(b), except with the agreement of the Commissioner of Police or a senior police officer.

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