(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.