Provisions applying if person detained under public health order
120 Provisions applying if person detained under public health order
If a person is detained under section 117(1)(j) or (k) —
the Chief Health Officer must review the person’s detention at intervals not greater than 28 days to determine whether the detention of the person continues to be required; and
the person is entitled to obtain legal advice and to communicate with a lawyer; and
if the detained person is a protected person, the person is entitled to be represented by a responsible person.
The Chief Health Officer must ensure that a person who is detained under section 117(1)(j) or (k) is immediately released from that detention if —
following a review under subsection (1)(a), the Chief Health Officer determines that the detention of the person is no longer required; or
in the case of a person who is detained under section 117(1)(j), the medical examination or medical treatment for which the person was detained has been completed; or
for any other reason, the detention of the person under the public health order is no longer required.
This Act’s bill:Explanatory memorandumSecond reading speech
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