This legislation has been repealed.
Orders121. 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.