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; (f) subject to subsection (4), specify the period for which the public health order continues to have effect; (g) explain the person's rights and entitlements under this Act and the process for making an application for review to VCAT; (h) contain a statement that the person should seek legal advice; (i) explain that if the person does not comply with the order, the person commits an offence and is liable to a penalty not exceeding 120 penalty units. (4) The period for which a public health order continues to have effect must— (a) not exceed 6 months from the day on which the order is made; (b) be proportionate with the risk that the person poses to public health. (5) A public health order may require the person to whom the public health order applies to comply with any of the following as specified in the order and subject to any specified conditions that the Chief Health Officer considers are appropriate— (a) participate in counselling, education or other activities provided by a specified person or specified class of person; (b) undergo an assessment by a specified psychiatrist or specified neurologist; (c) refrain from carrying out certain activities either absolutely or unless specified conditions are complied with; (d) refrain from specified forms of behaviour either absolutely or unless specified conditions are complied with; (e) refrain from visiting a specified place or specified class of place; (f) reside at a specified place of residence at all times or during specified times; (g) notify the Chief Health Officer or a person nominated by the Chief Health Officer in writing or in another specified form if the person changes his or her name or place of residence within 3 days of doing so; (h) submit to the supervision of a person nominated by the Chief Health Officer, including— (i) attending meetings arranged by that person; (ii) receiving visits from that person; (iii) providing that person with information relating to any action, occurrence or plan relevant to the health risk posed by the person to whom the order applies; (i) receive specified prophylaxis, including a specified vaccination, within the specified period; (j) undergo specified pharmacological treatment for the infectious disease from a registered medical practitioner; (k) submit to being detained or isolated or detained and isolated as specified.