QLDIn ForceAct
Public Health Act 2005
sec.118Making initial examination order
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### sec.118 Making initial examination order
A magistrate may make an initial examination order for a person if the magistrate—
reasonably suspects the person may have a controlled notifiable condition; and
is satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health—
the person’s condition;
the person’s condition and likely behaviour; and
is satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and
is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.
However, subsection (1) (d) does not apply if it is not practicable to counsel the person.
(sec.118-ssec.1) A magistrate may make an initial examination order for a person if the magistrate— reasonably suspects the person may have a controlled notifiable condition; and is satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health— the person’s condition; the person’s condition and likely behaviour; and is satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.
(sec.118-ssec.2) However, subsection (1) (d) does not apply if it is not practicable to counsel the person.
- (a) reasonably suspects the person may have a controlled notifiable condition; and
- (b) is satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health— (i) the person’s condition; (ii) the person’s condition and likely behaviour; and
- (i) the person’s condition;
- (ii) the person’s condition and likely behaviour; and
- (c) is satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and
- (d) is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.
- (i) the person’s condition;
- (ii) the person’s condition and likely behaviour; and