Western Australian Current Acts Western Australian Current Acts (1) If an emergency
officer gives a direction to a person under section 184(1)(c) to undergo
medical observation, medical examination or medical treatment or to be
vaccinated, an emergency officer or police officer may use reasonable force to
ensure that the direction is complied with, including, if necessary —
(a) to
apprehend and detain the person to whom the direction applies (the relevant
person ) and take the relevant person to a place where the person is required
to undergo medical observation, medical examination or medical treatment or to
be vaccinated in accordance with the direction; and
(b) to
detain the relevant person at the place where he or she is required to undergo
medical observation, medical examination or medical treatment or to be
vaccinated in accordance with the direction; and
(c) to
restrain the relevant person —
(i)
to enable a medical observation, medical examination or
medical treatment to be carried out; or
(ii)
to enable the relevant person to be vaccinated;
and
(d) to
remove anything (including underwear) that the relevant person is wearing, if
—
(i)
the removal of the thing is reasonably necessary to
enable a medical examination or medical treatment to be carried out or, as the
case requires, to enable the person to be vaccinated; and
(ii)
the relevant person is given a reasonable opportunity to
remove the thing himself or herself, and refuses or fails to do so.
(2) A direction under
section 184(1)(c) to undergo medical examination or medical treatment or to be
vaccinated authorises —
(a) in
the case of a direction to undergo medical examination —
(i)
the carrying out of that medical examination in
accordance with the direction; and
(ii)
the testing of any sample obtained or taken in connection
with that medical examination;
and
(b) in
the case of a direction to undergo medical treatment —
(i)
the giving of medical treatment to the relevant person in
accordance with the direction; and
(ii)
the testing of any sample obtained or taken in connection
with that medical treatment;
and
(c) in
the case of a direction to be vaccinated, the vaccination of the relevant
person.
(3) If any action
taken under subsection (1) involves the removal of an item of clothing —
(a) it
must be done with decency and sensitivity and in a manner that gives to the
relevant person the degree of privacy and dignity that is consistent with
ensuring compliance with the direction; and
(b) the
emergency officer or police officer taking the action and any other person
present while it is done (excluding any person who is carrying out any medical
examination or medical treatment or vaccinating the relevant person) must, if
practicable, be of the same gender as the relevant person; and
(c) the
number of people present while it is done (excluding a person who is present
under paragraph (d)) must be no more than is reasonably necessary to ensure
that the direction is complied with effectively and to ensure the safety of
all present; and
(d) if
the relevant person is a child or an impaired person, it must, if practicable,
be done in the presence of a responsible person or some other person who can
provide the child or impaired person with support and represent his or her
interests.
(4) This section does
not limit section 199.