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west australia health act 2016
106. Enforcement of test orders
(1) An authorised officer may enforce a test order.
(2) For the purposes of enforcing a test order, an authorised officer may request the assistance of a police officer.
(3) An authorised officer or police officer may use reasonable force to enforce a test order, including, if necessary — (a) to apprehend the person to be tested under the order (the relevant person) and detain the relevant person for as long as is reasonably necessary to enable the test order to be carried out; and (b) to take the relevant person to the place where the test order is to be carried out; and (c) to restrain the relevant person to enable the sample that is the subject of the test order to be obtained or taken in accordance with section 110; and (d) to remove anything (including underwear) that the relevant person is wearing, if — (i) the removal of the thing is reasonably necessary to enable the sample that is the subject of the test order to be obtained or taken; and (ii) the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.
(4) Without limiting subsection (3), the force that an authorised officer or police officer may use to enforce a test order includes Public Health Act 2016 Notifiable infectious diseases and related conditions Part 9 Test orders Division 4 s. 107 As at 12 Sep 2020 Version 00-k0-00 page 57 Published on
www.legislation.wa.gov.au any force that it is reasonably necessary to use in the circumstances to overcome any resistance to the enforcement of the test order (including the obtaining or taking of the sample that is the subject of the order) that is offered by the relevant person, or that the authorised officer or police officer reasonably suspects will be offered by the relevant person.
(5) If any action taken under subsection (3) involves the removal of an item of clothing — (a) 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 carrying out the test order; and (b) the authorised officer or police officer taking the action and any other person present while it is done (excluding the person who is obtaining or taking the sample that is the subject of the test order) must, if practicable, be of the same gender as the relevant person; and (c) 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 test order is carried out effectively and to ensure the safety of all present; and (d) if the relevant person is a protected person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the protected person with support and represent his or her interests.
157. Serious public health incident powers
(j) direct any person to undergo medical observation, medical examination or medical treatment or to be vaccinated, as specified by the officer;
