Victorian Current Acts
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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 200
Emergency powers
(1) The emergency powers are—
(a) subject to this section, detain any person or group of persons in the emergency area for the period reasonably necessary to eliminate or reduce a serious risk to public health;
(b) restrict the movement of any person or group of persons within the emergency area;
(c) prevent any person or group of persons from entering the emergency area;
(d) give any other direction that the authorised officer considers is reasonably necessary to protect public health.
(2) Unless subsection (3) applies, before any person is subject to detention under subsection (1)(a), an authorised officer must briefly explain the reason why it is necessary to detain the person.
(3) If in the particular circumstances in which the power to detain the person is to be exercised, it is not practicable to briefly explain the reason why it is necessary to detain the person before the power is exercised, the authorised officer must do so as soon as is practicable.
(4) Before exercising any emergency powers under this section, an authorised officer must , unless it is not practicable to do so, warn the person that a refusal or failure to comply without a reasonable excuse, is an offence.
(5) An authorised officer must facilitate any reasonable request for communication made by a person subject to detention under subsection (1)(a).
(6) An authorised officer must at least once every 24 hours during the period that a person is subject to detention under subsection (1)(a) review whether the continued detention of the person is reasonably necessary to eliminate or reduce a serious risk to public health.
(7) An authorised officer must as soon as is reasonably practicable give written notice to the Chief Health Officer—
(a) that a person has been made subject to detention under subsection (1)(a);
(b) that following a review under subsection (6) a person is to continue to be subject to detention under subsection (1)(a).
(8) A notice under subsection (7) must include—
(a) the name of the person being detained; and
(b) a brief statement as to the reason why the person is being, or continues to be, subject to detention under subsection (1)(a).
(9) The Chief Health Officer must as soon as is reasonably practicable advise the Minister of any notice received under subsection (7).
S. 200(10) inserted by No. 24/2020 s. 7.
(10) Despite subsection (7), if the authorised officer is the Chief Health Officer, the Chief Health Officer must, as soon as is reasonably practicable—
(a) advise the Minister in writing that a person has been made subject to detention under subsection (1)(a) or that following a review under subsection (6) a person is to continue to be subject to detention under subsection (1)(a); and
(b) include in the advice the name of the person being detained and a brief statement as to the reason why the person is being, or continues to be, subject to detention under subsection (1)(a).
S. 200A inserted by No. 7/2021 s. 3A.