Public Health Act 2005

This section applies if the chief executive has given a directions notice to the operator of a health care facility.

The chief executive may apply to a magistrate for an order to extend the period during which the operator must not provide the stated declared health service.

The application must be made before the end of—

the period stated under section 156E(2) for the directions notice; or

if the period is extended under section 156F(2)—the extended period.

If the magistrate has not decided the application before the end of the period in which the application must be made, the directions notice continues in effect until the magistrate decides the application.

The magistrate may refuse to consider the application until the chief executive gives the magistrate all the information the magistrate requires to make the order.

The magistrate may make an order to extend the period mentioned in subsection (2) for a further stated period if the magistrate is satisfied—

the operator—

is contravening section 151; or

has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and

there is a serious risk of harm to a person’s health because of the contravention or likely contravention.