Public Health Act 2010 No 127
Current version for 23 November 2012 to date (accessed 21 May 2013 at 18:15)

61   Director-General may direct persons to undergo medical examination

(cf 1991 Act, s 22)

(1)  This section applies if the Director-General:
(a)  suspects on reasonable grounds that a person may have a Category 4 or 5 condition and may, on that account, be a risk to public health, and
(b)  considers that the nature of the suspected condition is such as to warrant medical examination.
(2)  In these circumstances, the Director-General may, by notice in writing, direct the person concerned to undergo, within a specified period, a specified kind of medical examination and associated tests:
(a)  by a registered medical practitioner in general practice, or
(b)  by a registered medical practitioner practising in a specified field.
(3)  If the person fails to comply with a direction under subsection (2), the Director-General may, by further notice in writing, direct the person to undergo the specified kind of medical examination and associated tests, at a specified time and place, by a specified registered medical practitioner.
(4)  A person must not, without reasonable excuse, fail to comply with a direction under subsection (3).

Maximum penalty: 50 penalty units.

(5)  A direction under subsection (2) or (3) must have due regard to the sensitivities of the person concerned in relation to the gender, ethnicity and cultural background of the registered medical practitioner by whom the examination is to be carried out.
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