QLDIn ForceAct
Public Health Act 2005
sec.156EDirections notice
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### sec.156E Directions notice
This section applies if the chief executive reasonably believes—
the operator of a health care facility—
is contravening section 151 ; or
has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and
there is a serious risk of harm to a person’s health because of the contravention or likely contravention.
The chief executive may give the operator a notice (a directions notice ) directing the operator to stop providing a stated declared health service at the health care facility for a stated period of not more than 30 days.
The directions notice must also state the following—
that the chief executive reasonably believes the operator—
is contravening section 151 ; or
has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;
briefly, how it is believed section 151 is being, or has been, contravened;
the period within which the operator must remedy the contravention or have the contravention remedied;
the serious risk of harm caused by the contravention or likely contravention;
that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.
The directions notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of section 151 .
The directions notice takes effect when it is given to the operator of the health care facility.
s 156E ins 2017 No. 16 s 10
(sec.156E-ssec.1) This section applies if the chief executive reasonably believes— the operator of a health care facility— is contravening section 151 ; or has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and there is a serious risk of harm to a person’s health because of the contravention or likely contravention.
(sec.156E-ssec.2) The chief executive may give the operator a notice (a directions notice ) directing the operator to stop providing a stated declared health service at the health care facility for a stated period of not more than 30 days.
(sec.156E-ssec.3) The directions notice must also state the following— that the chief executive reasonably believes the operator— is contravening section 151 ; or has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; briefly, how it is believed section 151 is being, or has been, contravened; the period within which the operator must remedy the contravention or have the contravention remedied; the serious risk of harm caused by the contravention or likely contravention; that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.
(sec.156E-ssec.4) The directions notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of section 151 .
(sec.156E-ssec.5) The directions notice takes effect when it is given to the operator of the health care facility.
- (a) the operator of a health care facility— (i) is contravening section 151 ; or (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and
- (i) is contravening section 151 ; or
- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and
- (b) there is a serious risk of harm to a person’s health because of the contravention or likely contravention.
- (i) is contravening section 151 ; or
- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and
- (a) that the chief executive reasonably believes the operator— (i) is contravening section 151 ; or (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;
- (i) is contravening section 151 ; or
- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;
- (b) briefly, how it is believed section 151 is being, or has been, contravened;
- (c) the period within which the operator must remedy the contravention or have the contravention remedied;
- (d) the serious risk of harm caused by the contravention or likely contravention;
- (e) that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.
- (i) is contravening section 151 ; or
- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;