AustLII Tasmanian Consolidated Acts

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PUBLIC HEALTH ACT 1997 - SECT 16

Directions of Director

(1)  While an emergency declaration is in force, the Director may take any action or give any directions to –
(a) manage a threat to public health or a likely threat to public health; or
(b) quarantine or isolate persons in any area; or
(c) evacuate any persons from any area; or
(d) prevent or permit access to any area; or
(e) control the movement of any vehicle.
(2)  The Director may give any one or more of the following directions while an emergency declaration is in force:
(a) that any specified person undergo –
(i) a clinical assessment specified in the direction; or
(ii) a clinical assessment, specified in the direction, conducted by a person, or a member of a class of persons, specified in the direction;
(b) that any specified person move to, or stay in, a specified area;
(c) that any substance or thing be seized;
(d) that any substance or thing be destroyed;
(e) that any other action be taken the Director considers appropriate.
(2A)  A direction given under this section may specify the manner in which the direction is to be complied with.
(3)  A person must comply with a direction of the Director given under this section.
Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 6 months, or both.
(4)  A person who carries out a clinical assessment for the purpose of a direction given under subsection (2)(a) must provide to the Director a written report in relation to the assessment as soon as practicable after the assessment is completed.
Penalty:  Fine not exceeding 25 penalty units.
(5)  A direction given under this section ceases to be in force when the requirements of the direction have been satisfied.
(6)  The Director may revoke a direction given under this section.
(7)  The Director must revoke under subsection (6) a direction as soon as practicable after he or she is satisfied that it is no longer necessary, for the purposes of managing a threat to public health or a likely threat to public health, for the direction to remain in force.
(8)  If a direction given under this section, or an order under section 16C(1)(e) , requires a person to be quarantined or isolated or to stay in a specified area, the Director, at the required intervals, must –
(a) consider whether it is necessary for the person to continue to be subject to the direction or order; and
(b) if necessary in order to determine whether it is necessary for the person to continue to be subject to the direction or order, arrange for the clinical assessment of the person.
(9)  The required intervals are intervals that the Director considers reasonable, but not less than once in every successive period of 7 days.



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