Victorian Repealed Acts

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This legislation has been repealed.

Health Act 1958 - SECT 121

Orders

121. Orders







(1) If the Secretary reasonably believes that-

   (a)  a person has an infectious disease or has been exposed to an
        infectious disease in circumstances where a person is reasonably
        likely to contract the disease; and

   (b)  if infected with that infectious disease, the person is likely to
        transmit that disease; and

   (c)  there is a serious risk to public health-

the Secretary may make an order in writing-

   (d)  stating why the Secretary believes that-

   (i)  the person is infected with the infectious disease or has been exposed
        to the infectious disease in circumstances where a person is
        reasonably likely to contract the disease; and

   (ii) the person is likely to transmit that disease; and

   (iii) there is a serious risk to public health; and

   (e)  requiring that the person be examined and tested for that disease.

(2) If a person has been examined and tested for an infectious disease and the
results of the test are positive, the Secretary may make an order in writing
requiring that the person undergo counselling about that disease, if
counselling is appropriate having regard to the nature of the disease.

(3) If the Secretary is satisfied that-

   (a)  a person has an infectious disease or has been exposed to an
        infectious disease in circumstances where a person is reasonably
        likely to contract the disease; and

   (b)  if infected with that infectious disease, the person is likely to
        transmit that disease; and

   (c)  there is a serious risk to public health; and

   (d)  if counselling is appropriate having regard to the nature of the
        disease, the person has been counselled but without success in
        achieving appropriate and responsible behaviour change-

the Secretary may make an order in writing imposing restrictions on the
person's behaviour or movements.

(4) If subsection (3) applies but-





   (a)  the Secretary considers that an order referred to in subsection (3) is
        inappropriate, having regard to the nature of the infectious disease;
        or

   (b)  the person who is the subject of the order fails to comply with the
        restrictions imposed by an order under that subsection-

the Secretary may make an order requiring that the person be isolated and
detained at the place, for the period and in the manner stated in the order.

(5) If an order is made under subsection (1) but the person refuses to undergo
a test for an infectious disease, the Secretary may make an interim order for
the isolation and detention of the person for a period not exceeding 72 hours
for the purpose of examining the person and testing for that disease and may
renew the order for a further period or periods not exceeding 72 hours.

(6) An order under this section must-

   (a)  name the infectious disease; and

   (b)  identify the person believed to be infected; and

   (c)  if applicable, name the counsellor; and

   (d)  if applicable, state the period for which the person is to be
        isolated; and

   (e)  if applicable, state the type of examination, testing or counselling
        required; and

   (f)  if applicable, state the type of restrictions imposed.

(7) The Secretary may make an order subject to conditions and may vary or
revoke the order.



(8) The Secretary must review an isolation order at intervals not exceeding 28
days and may renew the order for a further period or periods not exceeding 28
days.

(9) An order lapses if the testing of the person to whom the order relates
shows that that person is not infected with the infectious disease named in
the order and no test shows that the person is or may be infected with that
infectious disease.

(10) A person to whom an order relates must comply with it.

Penalty: 50 penalty units.

(11) The Secretary may authorise a medical officer of the Department to carry
out an isolation order.



(12) If, to enforce the order, the medical officer finds that it is necessary
to arrest the person to whom the order relates, the medical officer may obtain
the assistance of any member of the police force to do so.



(13) For the purposes of arresting a person under subsection (12), the medical
officer may with any assistance that is required-

   (a)  enter any premises; and

   (b)  use any force that may reasonably be necessary.

(14) The medical officer who has arrested a person under subsection (12) must
take that person to the place stated in the order.

(15) A person who acts in reliance on an authorisation of the Secretary under
subsection (11) is not liable to any civil or criminal action for so acting,
whether or not there was any defect in the authorisation.



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