Public Health Act 2016

The Chief Health Officer must ensure that a person to be tested under a test order (other than a protected person or a deceased person) is informed in language likely to be readily understood by the person —

of the person’s obligations under section 88(2) to (4); and

of the person’s rights under section 88(5); and

of the person’s right under section 109 to apply to the State Administrative Tribunal for a review of the decision to make the order; and

that the person has a right to obtain legal advice and to communicate with a lawyer; and

about the purpose and effect of the order; and

that force may be used to enforce the order; and

that failure to comply with the order is an offence.

If the person to be tested under a test order is a protected person or a deceased person, the Chief Health Officer must ensure that a suitably modified version of the explanation required by subsection (1) is given to the person on whom the test order is served in accordance with section 101(2).

Subsections (1) and (2) apply with all necessary changes if a test order is varied.

Failure to comply with this section does not invalidate a test order.