Chief Health Officer, NSW Department of Health v A (No.2) [2001] NSWADT 99

CITATION: Chief Health Officer, NSW Department of Health v A (No.2) [2001] NSWADT 99 DIVISION: General Division APPLICANT PARTIES: Chief Health Officer, New South Wales Department of Health RESPONDENT A FILE NUMBER: 013112 HEARING DATES: 10/05/2001 SUBMISSIONS CLOSED: 05/10/2001 DATE OF DECISION: 05/10/2001

BEFORE: O'Connor K - DCJ (President); Goode P - Judicial Member; Hennessy A Dr - Member APPLICATION: Public Health Act - contravention of public health order - Public health Order - contravention of public health order MATTER FOR DECISION: Principle matter LEGISLATION CITED : Public Health Act 1991 CASES CITED: Chief Health Officer, NSW Department of Health v A [2001] NSWADT 69 APPLICANT REPRESENTATION: C Ronalds, counsel RESPONDENT A Haesler, counsel ORDERS: 1 The Tribunal varies the public health order made in relation to A which took effect on 3 April 2001 and was continued by the Tribunal on 1 May 2001 for a period of six months, so as to require that A be detained under appropriate supervision at the premises of Foley House, 6-8 Bellevue Street, Surry Hills, for a period of three months from the date of this order.

Delivered Ex Tempore

1 The proceedings today were convened at relatively short notice to deal with an application by the Chief Officer of Health that the Tribunal conduct an inquiry as provided for by s 30 of the Public Health Act 1991 (the Act), following A (the respondent) having made herself voluntarily available after an alleged contravention of a public health order. [That order was made pursuant to s 23 of the Act and took effect on 3 April 2001. It was formally continued by the Tribunal pursuant to s 26 on 1 May 2001 for a period not exceeding six months.] Section 30 provides as follows: '30. Action following apprehension or surrender