117Chief Health Officer may make public health order

117 Chief Health Officer may make public health order

(1) The Chief Health Officer may, after having regard to the factors specified in subsection (2), make a public health order if the Chief Health Officer believes that—

(a) a person has an infectious disease or has been exposed to an infectious disease in circumstances where a person is likely to contract the disease; and

(b) if a person is infected with that infectious disease, a serious risk to public health is constituted by—

(i) the infectious disease; or

(ii) the combination of the infectious disease and the likely behaviour of that person; and

(c) if infected with that infectious disease, the person needs to take particular action or refrain from taking particular action to prevent, as far as is reasonably possible, that infectious disease constituting a serious risk to public health; and

(d) a reasonable attempt has been made to provide that person with information relating to the effect of the infectious disease on the person's health and the risk posed to public health or it is not practicable to provide this information before making the order; and

(e) it is necessary to make the public health order to eliminate or reduce the risk of the person causing a serious risk to public health.

(2) The factors are—

(a) the nature of the infectious disease, including the ease with which it is transmitted;

(b) the availability and effectiveness of treatment for the infectious disease;

(c) the possible side-effects and discomfort that may be caused to the person who is or may be infected with the infectious disease if he or she is required to undergo specified pharmacological treatment or prophylaxis for the infectious disease;

(d) whether urgent action will significantly affect the public health outcome;

(e) the capacity of the person who is or may be infected with the infectious disease to understand the risk to public health constituted by the person having the infectious disease;

(f) any prescribed factors;

(g) any other factors that the Chief Health Officer considers are relevant in the particular circumstances.

(3) A public health order must—

(a) be in writing;

(b) identify the person to whom the order applies;

(c) specify the purpose of the order;

(d) specify the infectious disease which the Chief Health Officer believes the person has or has been exposed to;

(e) explain why the Chief Health Officer believes that the person is infected with the infectious disease or has been exposed to the infectious disease in circumstances where a person is likely to contract the infectious disease;