Chief Health Officer, NSW Health v FRC (application for continuation of public health order) (No 2) [2023] NSWCATAD 332

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Health Officer, NSW Health v FRC (application for continuation of public health order) (No 2) [2023] NSWCATAD 332 Hearing dates: On the papers Date of orders: 7 August 2023 Decision date: 20 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Cole DCJ, Deputy President T Simon, Principal Member Dr B McPhee, Senior Member Decision: (1) The Public Health Order continued by the Tribunal on 7 February 2023 in File number 2023/00036541 is further continued for six months from the date of this order, subject to the variation in order 2. (2) Paragraph (v) of the order is varied so that it reads as follows (with amendments underlined): (v) take BIKTARVY® (Bictegravir/emtricitabine/tenofovir alafenamide) or another antiretroviral medication, and/or receive antiretroviral injectable therapy, as prescribed by a medical practitioner from the Waratah Clinic and in accordance with the prescription and/or direction of the medical practitioner. Note: The Public Health order, as varied and continued for six months from the date of this order, requires FRC to: (i) refrain from condomless anal or vaginal intercourse unless he has an HIV viral load of less than 200 copies/mL of blood, as confirmed by the result of the most recent HIV viral load testing in accordance with paragraph (iv); and (ii) not share injecting equipment with anyone; and (iii) submit to the supervision of a medical practitioner at the Waratah Clinic, by attending the Waratah Clinic at St George Hospital, 2 South Street, Kogarah NSW 2217, every 14 days, or less frequently if and as directed by a medical practitioner at the Waratah Clinic; and (iv) undergo HIV viral load testing at the Waratah Clinic at St George Hospital, 2 South Street Kogarah NSW 2217, every 14 days, or less frequently if and as directed by a medical practitioner at the Waratah Clinic; and (v) take BIKTARVY® (Bictegravir/emtricitabine/tenofovir alafenamide) or another antiretroviral medication, and/or receive antiretroviral injectable therapy, as prescribed by a medical practitioner from the Waratah Clinic and in accordance with the prescription and/or direction of the medical practitioner. The Public Health Order will continue in operation until 7 February 2024. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal prohibits: a. the disclosure of the name or any identifying details of the Respondent; and b. publication of evidence given before the Tribunal in this matter, or of matters contained in documents lodged with the Tribunal or received in evidence, insofar as such evidence or documents contain the name or identifying details of the Respondent. Catchwords: HEALTH — Public health — Infectious disease — Public health order – Category 5 condition – whether public health order should be further continued Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Migration Act 1958 Public Health Act 2010 (NSW) Cases Cited: Chief Health Officer, NSW Health v FRC (application for confirmation of public health order) [2023] NSWCATAD 75 Chief Health Officer, NSW Health v FRC (application for continuation of public health order) [2023] NSWCATAD 76 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2002) 289 FRC 21; [2022] FCAFC 3 Category: Principal judgment Parties: Chief Health Officer, NSW Health (Applicant) FRC (Respondent) Representation: Counsel: J Davidson (Applicant)