Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165BH

Reports by authorised officers to Chief Health Officer about exercise of pandemic management powers that involve detention

    (1)     An authorised officer must, as soon as is reasonably practicable, give written notice to the Chief Health Officer of each of the following—

        (a)     that a person has been detained in the exercise of a pandemic management power under section 165B(1)(b) or 165BA(1)(b);

        (b)     that following a review under subsection 165BG(2), a person is to continue to be detained under section 165B(1)(b) or 165BA(1)(b).

    (2)     A notice under subsection (1) must include—

        (a)     the name of the person being detained; and

        (b)     a brief statement as to the reason why the person is detained or continues to be detained; and

        (c)     if a review under subsection 165BG(2) did not occur within a 24 hour period as required by that subsection—

              (i)     when the review occurred; and

              (ii)     the reason why the review did not occur within the 24 hour period.

    (3)     The Chief Health Officer must, as soon as is reasonably practicable—

        (a)     advise the Minister in writing of the following as applicable—

              (i)     that a person has been detained under section 165B(1)(b) or 165BA(1)(b);

              (ii)     that following a review under section 165BG(2) a person is to continue to be detained under section 165B(1)(b) or 165BA(1)(b); and

        (b)     include in the advice the name of the person being detained and a brief statement as to the reason why the person is, or continues to be, detained.

S. 165BI inserted by No. 53/2021 s. 12.



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