64NCAT may confirm certain public health orders

#### 64 NCAT may confirm certain public health orders 64 NCAT may confirm certain public health orders (cf 1991 Act, s 25) > > (1) An application may be made to the Civil and Administrative Tribunal for confirmation of a public health order based on a Category 5 condition or made in relation to a person referred to in section 62(1)(b). > > > > Note. > > > > The confirmation of any such order is a decision for the purposes of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002). > > > (2) As soon as practicable after such an application is made, the Civil and Administrative Tribunal is to inquire into the circumstances surrounding the making of the public health order. > > > (3) Following its inquiry, the Civil and Administrative Tribunal— > > > > > (a) may confirm the public health order, or > > > > > (b) may vary the order and confirm it as varied, or > > > > > (c) may revoke the order. > > > (4) An inquiry under this section may not be adjourned for more than 7 days at a time. > > > (5) For the purposes of an inquiry under this section, the Civil and Administrative Tribunal— > > > > > (a) may obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and > > > > > (b) may take into account any advice given by such a person. > > > (6) The Civil and Administrative Tribunal’s power to vary a public health order under this section is a power— > > > > > (a) to omit a requirement from the order, or > > > > > (b) to include in the order a requirement that could have been included in the order when it was made, or > > > > > (c) to substitute a requirement that could have been included in the order when it was made for any one or more of the requirements already included in the order. > > > (7), (8) (Repealed) > > **s 64:** Am 2010 No 127, sec 135(1); 2013 No 95, Sch 2.121 \[4\]–\[7\]; 2014 No 33, Sch 2.31; 2017 No 43, Sch 1 \[30\]; 2020 No 1, Sch 2.16\[2\]; 2021 No 4, Sch 1.23\[1\].