LEGAL ASPECTS OF TUBERCULOSIS CONTROL
Legal Aspects
Notifications can be made to the local Public Health Unit by telephone or mail, using specific notification forms available at the following web address http://www.health.nsw.gov.au/publichealth/infectious/notification.asp. Notification forms must not be forwarded by facsimile unless patient confidentiality can be assured.
Notifications should be made by the person who identifies the disease as soon as is practicable. Ideally, notification should be made by telephone to the local Public Health Unit within 1 working day of a provisional diagnosis of TB. The Public Health Unit will then report the case to the local Chest Clinic by phone for follow up and investigation.
Public Health Orders
It is essential that individualised, ongoing education and support is provided to all persons with TB to improve compliance with diagnosis, treatment and screening. A Public Health Order is only issued after other strategies to establish and maintain compliance with care or treatment are exhausted and it is assessed that there is a risk to the health of the public.
TB is classified as a Category 4 medical condition under the Public Health Act 1991. As a Category 4 medical condition a Public Health Order may be made under Part 3, Division 6 of the Public Health Act 1991 by an authorised Medical Practitioner if s/he is satisfied on reasonable grounds that the person is:
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suffering from TB, and
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is behaving in a way that is endangering, or is likely to endanger, the health of the public because the person is suffering from the disease.
A Public Health Order must require the person to whom it applies to do any one or more of the following:
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refrain from a specified conduct
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undergo specified treatment
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undergo counselling by a specified person or by one or more persons belonging to a specified class of persons
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submit to the supervision of a specified person or one or more persons belonging to a specified class of persons
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undergo specified treatment and be detained at a specified place while undergoing the treatment.
An order must indicate:
- the circumstances purporting to justify making the order,
- the length of time it is to remain in force (up to 28 days).
Where the circumstances justify continuing the order past 28 days, then an application may be made to the District Court to extend the order for up to a further six months.
It is an offence to contravene an order and the person may be apprehended by the police for such a contravention.
It is also an offence to improperly release a person being detained under an order.
An appeal to the District Court may be made against the order.
Quarantine Orders