South Australian Public Health Act 2011

If the Chief Public Health Officer considers it necessary to do so, the Chief Public Health Officer may apply to a magistrate—

for the issue of a warrant for the apprehension by an authorised person of a person—

who has failed to comply with an order, requirement or direction under this Division; or

who is the subject of an order that has not been served on the person despite reasonable efforts to do so; or

who—

has a controlled notifiable condition, has been exposed to a controlled notifiable condition or could have been exposed to a controlled notifiable condition; and

is engaging in, or has engaged in, conduct that creates a risk to others in respect of the controlled notifiable condition.

for the person to whom the warrant relates—

to be subject to any examination, test or other action required by the order, requirement or direction to which the warrant relates;

or

to be brought before a magistrate.

If or when a person is brought before a magistrate, the magistrate may take such action as the magistrate thinks appropriate in the circumstances including (without limitation) action to achieve compliance with the relevant order, requirement or direction, including—

by making such orders as the magistrate thinks fit;

by issuing a warrant for the detention of the relevant person until the person is willing to comply with the order, requirement or direction.

Without limiting subsection (1) or (2), a warrant under this section may provide that the person be held in a place of quarantine or isolation—

for a period determined by the magistrate, or from time to time subject to periodic reviews by a magistrate; or

until otherwise determined by a magistrate.

An authorised person is authorised to take any action contemplated by a warrant under this section (including to take a person to any place and to restrain a person while any examination or testing is undertaken (including testing involving the taking of a blood, urine or other biological sample)).

Without limiting subsection (4), reasonable force may be used in the execution of a warrant under this section.

In the exercise of powers under a warrant, an authorised person may be accompanied by such assistants as may be necessary or desirable in the circumstances.

A right of appeal exists to the Supreme Court (constituted of a single judge) against a decision of a magistrate under this section.

On an appeal, the Supreme Court may—

confirm, vary or quash the magistrate's decision;

make any order that the justice of the case may require.

Subject to an appeal, an order of a magistrate under this section will be taken to be an order of the Magistrates

Court.

In this section—

authorised person means—

a police officer; or

a person authorised by the Chief Public Health Officer to act as an authorised person under this section.