Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 88

88 .         Principles listed

        (1)         The spread of notifiable infectious diseases should be prevented or limited without unnecessarily restricting personal liberty or privacy, and in the application of this principle particular regard should be had to the principle of proportionality set out in section 3(2).

        (2)         A person who is at risk of contracting a notifiable infectious disease must take all reasonable precautions to avoid contracting the disease.

        (3)         A person who suspects that he or she may have a notifiable infectious disease must ascertain —

            (a)         whether or not he or she has the disease; and

            (b)         what precautions should be taken to prevent others from contracting the disease.

        (4)         A person who has a notifiable infectious disease must take all reasonable precautions to ensure that others are not unknowingly placed at risk of contracting the disease.

        (5)         To the extent to which the exercise of those rights does not infringe on the wellbeing of others, a person who is at risk of contracting, who suspects that he or she may have, or who has a notifiable infectious disease or a notifiable infectious disease-related condition has these rights —

            (a)         to be protected from unlawful discrimination;

            (b)         to have his or her privacy respected;

            (c)         to be given information about the medical and social consequences of the disease or condition and about any proposed medical treatment;

            (d)         in the case of a notifiable infectious disease —

                  (i)         to have access to available and appropriate examination and treatment; and

                  (ii)         to have that examination and treatment provided free of charge, but only if the requirements set out in subsection (6) are met.

        (6)         The right to have an examination or treatment provided free of charge under subsection (5)(d)(ii) applies —

            (a)         only if the examination or treatment is provided by a public health official; and

            (b)         only to the extent that the examination or treatment is necessary to prevent the transmission of the disease to another person.



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