New South Wales Consolidated Regulations

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PUBLIC HEALTH REGULATION 2012 - REG 39

Public health orders--matters for consideration

39 Public health orders--matters for consideration

(1) The following matters must be taken into account by an authorised medical practitioner in deciding whether or not to make a public health order in respect of a person--
(a) whether reasonable attempts have been made to provide the person with information about the effects of the Category 4 or 5 condition the person has and the risks to public health of that condition,
(b) the options other than a public health order that are available to deal with the risk to public health posed by the person,
(c) if the proposed public health order will require the person to undergo treatment--the availability and effectiveness of the proposed treatment and the likely side effects of the proposed treatment on the person,
(d) if the proposed public health order will require the person to be detained--the likely social, economic, physical and psychological effects of the detention on the person,
(e) if the proposed public health order relates to a person with tuberculosis--the guidelines entitled Tuberculosis Management of People Knowingly Placing Others at Risk of Infection published by the Ministry of Health,
(f) if the proposed public health order relates to a person with HIV or AIDS--the guidelines entitled HIV--Management of People with HIV Infection Who Risk Infecting Others published by the Ministry of Health.
(2) These matters do not need to be taken into account in the case of an emergency or if it is otherwise not reasonably practicable.



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