Public Health Act 2005

This section applies if a person has been detained under a detention order.

The person’s lawyer or a person nominated by the person (the applicant) may apply to a magistrate for an order ending the detention.

The application may be made orally or in writing but if made orally can not be made in the absence of the emergency officer (medical) or a representative of the emergency officer (medical).

The applicant must immediately give the emergency officer (medical) notice of when and where the application will be made.

The notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable.

The magistrate—

must decide the application as quickly as possible; and

must have regard to any submissions made by the parties to the application; and

may make an order ending the person’s detention only if satisfied the person’s continued detention is not reasonably necessary to effectively respond to the declared public health emergency; and

may not order the applicant to pay the respondent’s costs of the application; and

may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

The person detained is not entitled to be present when the application is being heard.