Enforcement of requirement to undergo medical observation or medical or other procedure
185 Enforcement of requirement to undergo medical observation or medical or other procedure
If an emergency officer gives a direction to a person under section 184(1)(c) to undergo medical observation, medical examination or medical treatment or to be vaccinated, an emergency officer or police officer may use reasonable force to ensure that the direction is complied with, including, if necessary —
to apprehend and detain the person to whom the direction applies (the relevant person) and take the relevant person to a place where the person is required to undergo medical observation, medical examination or medical treatment or to be vaccinated in accordance with the direction; and
to detain the relevant person at the place where he or she is required to undergo medical observation, medical examination or medical treatment or to be vaccinated in accordance with the direction; and
to restrain the relevant person —
to enable a medical observation, medical examination or medical treatment to be carried out; or
to enable the relevant person to be vaccinated;
and
to remove anything (including underwear) that the relevant person is wearing, if —
the removal of the thing is reasonably necessary to enable a medical examination or medical treatment to be carried out or, as the case requires, to enable the person to be vaccinated; and
the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.
A direction under section 184(1)(c) to undergo medical examination or medical treatment or to be vaccinated authorises —
in the case of a direction to undergo medical examination —
the carrying out of that medical examination in accordance with the direction; and
the testing of any sample obtained or taken in connection with that medical examination;
and
in the case of a direction to undergo medical treatment —
the giving of medical treatment to the relevant person in accordance with the direction; and
the testing of any sample obtained or taken in connection with that medical treatment;
and
in the case of a direction to be vaccinated, the vaccination of the relevant person.
If any action taken under subsection (1) involves the removal of an item of clothing —
it must be done with decency and sensitivity and in a manner that gives to the relevant person the degree of privacy and dignity that is consistent with ensuring compliance with the direction; and
the emergency officer or police officer taking the action and any other person present while it is done (excluding any person who is carrying out any medical examination or medical treatment or vaccinating the relevant person) must, if practicable, be of the same gender as the relevant person; and
the number of people present while it is done (excluding a person who is present under paragraph (d)) must be no more than is reasonably necessary to ensure that the direction is complied with effectively and to ensure the safety of all present; and
if the relevant person is a child or an impaired person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the child or impaired person with support and represent his or her interests.
This section does not limit section 199.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.