New South Wales Repealed Acts

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This legislation has been repealed.

PUBLIC HEALTH ACT 1991 - SECT 26

Tribunal may continue public health order

26 Tribunal may continue public health order

(1) An authorised medical practitioner may, before the expiration of a public health order, apply to the Tribunal for continuation of an order if:
(a) the order is based on a Category 4 medical condition, or
(b) the order is based on a Category 5 medical condition and has been confirmed by the Tribunal under section 25.
(2) An application for continuation of a public health order may be made under this section only if the applicant is satisfied, on reasonable grounds, that the person to whom the order relates would, if not subject to such an order, continue to endanger the health of the public as a consequence of suffering from a Category 4 or Category 5 medical condition.
(3) If continuation of a public health order is applied for under this section and the person subject to the order notifies the Tribunal that continuation of the order is not opposed, the Tribunal may, without inquiry, continue the order for a period not exceeding 6 months.
(4) Unless the order is continued under subsection (3), the Tribunal is to make such inquiries as it thinks fit in relation to the application and may:
(a) continue the order, with or without variation, for a period not exceeding 6 months, or
(b) refuse to continue the order, or
(c) revoke the order.
(5) The Tribunal may vary the order only by:
(a) omitting a requirement included in the order, or
(b) adding a requirement that could have been included in the order when made, or
(c) substituting any such requirement for any one or more of them already included in the order.
(6) For the purposes of an inquiry under this section, the Tribunal may:
(a) obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and
(b) take into account a certificate given by such a person.



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