92D Voluntary compliance

(1)

If an individual poses a public health risk, and that risk can be prevented or minimised by the individual’s voluntary compliance with certain measures, the individual must be given the opportunity to voluntarily comply with those measures before measures under this Part are applied to the individual.

(2)

A person or court exercising or performing any functions, duties, or powers under this Part must take into account whether the individual has had an opportunity to minimise the risk of transmitting the infectious disease, and whether he or she has done so, or the extent to which he or she has done so, particularly in response to—

(a)

any directions given to the individual:

(b)

any request or instruction from a medical practitioner, medical officer of health, or health protection officer.

(3)

Individuals and communities should be encouraged to take responsibility for their own health and, to that end, to participate in decisions about how to protect and promote their own health and the health of their communities.

Section 92D: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).