QLDIn ForceAct
Public Health Act 2005
sec.157HPerson in charge of facility may require return of absent person
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### sec.157H Person in charge of facility may require return of absent person
A person in charge of a public sector health service facility may—
authorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or
ask a police officer to transport the person to a public sector health service facility.
The authorisation or request must—
be in the approved form; and
state the name of the person to be transported; and
state the name of the public sector health service facility to which the person is to be transported; and
identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and
for a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.
Before giving the authorisation or making the request, the person in charge must make reasonable efforts to contact the person and encourage the person to come or return to the public sector health service facility.
Subsection (3) does not apply if the person in charge considers there is a risk that the person may harm himself or herself or others if the person in charge complies with the subsection.
The person in charge of a public sector health service facility may delegate a function or power of the person in charge under this section to an appropriately qualified health service employee.
For performing a function or exercising a power under this section in relation to a person, an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 .
See also part 5 for applying for a warrant for the apprehension of a person.
s 157H ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (14) – (22) )
(sec.157H-ssec.1) A person in charge of a public sector health service facility may— authorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or ask a police officer to transport the person to a public sector health service facility.
(sec.157H-ssec.2) The authorisation or request must— be in the approved form; and state the name of the person to be transported; and state the name of the public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and for a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.
(sec.157H-ssec.3) Before giving the authorisation or making the request, the person in charge must make reasonable efforts to contact the person and encourage the person to come or return to the public sector health service facility.
(sec.157H-ssec.4) Subsection (3) does not apply if the person in charge considers there is a risk that the person may harm himself or herself or others if the person in charge complies with the subsection.
(sec.157H-ssec.5) The person in charge of a public sector health service facility may delegate a function or power of the person in charge under this section to an appropriately qualified health service employee.
(sec.157H-ssec.6) For performing a function or exercising a power under this section in relation to a person, an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 .
- (a) authorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or
- (b) ask a police officer to transport the person to a public sector health service facility.
- (a) be in the approved form; and
- (b) state the name of the person to be transported; and
- (c) state the name of the public sector health service facility to which the person is to be transported; and
- (d) identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and
- (e) for a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.