Tuberculosis Act 1950

No. 2, 1950

Compilation No. 1

Compilation date:  1 July 2016

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)
 

TUBERCULOSIS ACT 1950

TABLE OF PROVISIONS

 1. Short title

 2. Definitions

 3. Notice requiring persons to submit to examination

 4. Notice requiring individuals to undergo certain examinations

 5. Where patient cannot attend

 6. Offences 

Tuberculosis Act 1950

An Act to provide for and regulate the examination of persons suffering or suspected to be suffering from tuberculosis.

Citation

 1. This Act may be cited as the Tuberculosis Act 1950.

Definitions

 2. In this Act, unless the contrary intention appears —

 ‘Government Medical Officer’ means any medical practitioner who is employed, in the person’s capacity as a medical practitioner, under paragraph 21(2)(b) of the Norfolk Island Hospital Act 1985;

 ‘medical practitioner’ means a registered medical practitioner within the meaning of the Health Practitioners Act 1983.

Notice requiring persons to submit to examination

 3. (1) The Minister may, by notice published in the Gazette, and addressed to all or any persons residing in the Territory, require those persons to submit themselves, for the purposes of this Act, to —

(a) tuberculin skin tests; or

(b) radiological examination of their lungs,

at such times and places are specified in the notice, and every person to whom the notice applies shall submit himself to examination accordingly.

  (2) A notice under subsection 3(1) shall not apply to a person who is the holder of a certificate issued by a medical practitioner certifying that that person has, within the period of 3 months immediately preceding the date upon which the notice is published in the Gazette, undergone a radiological examination of his lungs and that the person was not found to be suffering from tuberculosis.

  (3) Where a person to whom a notice under this section relates has not attained the age of 18 years, any parent, guardian or other person having the charge of that first-mentioned person shall do all things within his power to ensure that that first-mentioned person complies with the notice.

Notice requiring individuals to undergo certain examinations

 4. (1) Where the Government Medical Officer has reason to believe that a person (in this section referred to as “the patient”) is or may be suffering from tuberculosis and has refused or failed to undergo medical or other examination to the satisfaction of the Government Medical Officer in respect of that disease, the Minister may —

(a) where the patient has attained the age of 14 years - by notice in writing delivered to the patient, require the patient to undergo; or

(b) in any other case - by notice in writing delivered to the parent, guardian or other person having the charge of the patient, require that person to do all things within his power to ensure that the patient undergoes,

within a period specified in the notice, such medical, radiological and bacteriological examinations as the Minister specifies in the notice.

  (2) A notice under this section may specify the place where the examination is to take place.

  (3) Where a notice under this section is given to a patient who has attained the age of 14 years but has not attained the age of 18 years, the Minister may deliver a copy of the notice to any parent, guardian or other person having the charge of the patient, and that person shall thereupon do all things within his power to ensure that the patient complies with the notice.

Where patient cannot attend

 5. Where the Minister is satisfied that it is impracticable for a person whose examination is required in pursuance of a notice under this Act to attend at the place specified in the notice, or that it is not in the interests of the health of that person for him so to attend, it shall be sufficient compliance with the notice if the person undergoes the examination, or (as the case requires) if the parent, guardian or other person does all things within his power to ensure that the patient undergoes the examination, within the period specified in the notice, at the hands of a medical practitioner nominated for the purpose by the Minister.

Offences

 6. A person shall not —

(a) wilfully disobey a requirement under this Act;

(b) obstruct, delay or interfere with the prompt execution of, or compliance with, any such requirement; or

(c) contravene or fail to comply with any of the provisions of this Act.

Penalty: 0.2 penalty units.

NOTES

The Tuberculosis Act 1950 as shown in this consolidation comprises Act No. 2 of 1950 and amendments as indicated in the Tables below.

Table of Amendments