New South Wales Consolidated Acts

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PUBLIC HEALTH ACT 2010 - SECT 8

Power to deal with public health risks during state of emergency

8 Power to deal with public health risks during state of emergency

(cf 1991 Act, s 4)

(1) This section applies in relation to any part of the State for which a state of emergency exists under the State Emergency and Rescue Management Act 1989 (
"the 1989 Act" ) if, after consultation with the Minister administering that Act, the Minister considers on reasonable grounds that the emergency is, or is likely to be, a risk to public health.
(2) In these circumstances, the Minister, with the agreement of the Minister administering the 1989 Act--
(a) may take such action, and
(b) may by order give such directions,
as the Minister considers necessary to deal with the risk and its possible consequences.
(3) Without limiting subsection (2), an order may direct--
(a) all persons in a specified group, or
(b) all persons residing in a specified area,
to submit themselves for medical examination in accordance with the order.
(4) An order must be published in the Gazette as soon as practicable after it is made, but failure to do so does not invalidate the order.
(5) Unless it is earlier revoked, an order expires when the relevant state of emergency ceases to exist.
(6) Action taken (including any order made) under this section has effect as if it had been taken in the execution of Division 4 of Part 2 of the 1989 Act.
Note : Consequently, it is an offence under that Act to obstruct or hinder the Minister administering that Act in the exercise of any such function (section 40), and no proceedings may be brought against any person (including the Crown) as a consequence of any damage, loss, death or injury arising from the exercise of any such function (section 41).



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