QLDIn ForceAct
Public Health Act 2005
sec.349Emergency officer (medical) may order detention
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### sec.349 Emergency officer (medical) may order detention
This section applies if an emergency officer (medical) reasonably suspects that—
a person in a public health emergency area has or may have a serious disease or illness; and
the serious disease or illness, or the serious disease or illness and the person’s likely behaviour, constitutes an immediate risk to public health; and
it is necessary to detain the person to effectively respond to the declared public health emergency.
The emergency officer (medical) may order the detention of the person at a place decided by the officer within or outside the public health emergency area.
The order must be in writing and state the following—
a description of the serious disease or illness the person has or may have;
the place where the person is to be detained;
that the person must—
if the person is at the place where the person is to be detained—remain at the place; or
if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;
the time when the detention order ends.
(sec.349-ssec.1) This section applies if an emergency officer (medical) reasonably suspects that— a person in a public health emergency area has or may have a serious disease or illness; and the serious disease or illness, or the serious disease or illness and the person’s likely behaviour, constitutes an immediate risk to public health; and it is necessary to detain the person to effectively respond to the declared public health emergency.
(sec.349-ssec.2) The emergency officer (medical) may order the detention of the person at a place decided by the officer within or outside the public health emergency area.
(sec.349-ssec.3) The order must be in writing and state the following— a description of the serious disease or illness the person has or may have; the place where the person is to be detained; that the person must— if the person is at the place where the person is to be detained—remain at the place; or if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer; the time when the detention order ends.
- (a) a person in a public health emergency area has or may have a serious disease or illness; and
- (b) the serious disease or illness, or the serious disease or illness and the person’s likely behaviour, constitutes an immediate risk to public health; and
- (c) it is necessary to detain the person to effectively respond to the declared public health emergency.
- (a) a description of the serious disease or illness the person has or may have;
- (b) the place where the person is to be detained;
- (c) that the person must— (i) if the person is at the place where the person is to be detained—remain at the place; or (ii) if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;
- (i) if the person is at the place where the person is to be detained—remain at the place; or
- (ii) if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;
- (d) the time when the detention order ends.
- (i) if the person is at the place where the person is to be detained—remain at the place; or
- (ii) if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;