Infectious Diseases Act · 2023 Revised Edition · Part · General
56. Powers of Director-General and health officers in dealing with outbreaks and suspected outbreaks of infectious diseases
Official textFrom Attorney General's Chambers, unchanged
For the purpose of investigating into any outbreak or suspected outbreak of an infectious disease or for the purpose of preventing the spread of any such infectious disease, the Director-General or any health officer authorised in writing in that behalf by the Director-General may —
infectious disease
“infectious disease” means — (a) any of the diseases set out in Schedule 1; and (b) for the purposes of sections 7, 8, 9, 10, 13, 14, 15, 16, 19, 48, 56 and 76(1)(g), includes any other disease that — (i) is caused or is suspected to be caused by a micro-organism or any agent of disease; (ii) is capable or is suspected to be capable of transmission by any means to human beings; and (iii) the Director-General has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;
at any time without warrant and with such force as may be necessary —
enter, inspect and search any premises; or
stop, board, inspect and search any conveyance, in which the outbreak or suspected outbreak has taken place;
take samples of any substance or matter, wherever found, if the Director-General or health officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak, and send such samples for such test, examination or analysis as the Director-General or health officer may consider necessary or expedient;
seize any substance or matter, wherever found, if the
Director-General or health officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;
require any person to destroy any food in his possession which the Director-General or health officer has reason to believe is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;
require any person —
to furnish any information within his knowledge; or
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to produce for inspection any book or document within his custody or possession;
require, by notice in writing, any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to submit to medical examination and have his blood or other body sample taken for examination within the time specified in such notice, and to undergo such treatment as may be necessary;
subject to subsection (5), order the closure or cordoning off of any public place in which the outbreak or suspected outbreak has taken place;
subject to subsections (6) and (7), requisition, for such period as the Director-General or health officer thinks necessary —
any premises which, in his opinion, is suitable for the isolation and treatment of persons who are or are reasonably suspected to be cases or carriers or contacts of the infectious disease; and
any conveyance which, in his opinion, is suitable and necessary for use in connection with the prevention of the spread of the infectious disease;
by order prohibit or restrict the movement of persons, animals and conveyances into, within or out of any public place referred to in paragraph (g) or any premises referred to in paragraph (h)(i).
Where the Director-General or health officer seizes any substance or matter under subsection (1)(c) —
Director-General
“Director-General” means the Director-General of Health Services;
the Director-General or health officer shall forthwith give notice in writing of the seizure to the owner of, or to the person from whom, the substance or matter was seized and may —
direct that the substance or matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored thereat; or
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dispose of the substance or matter immediately if the
Director-General or health officer is of the view that the substance or matter is decayed, putrefied or deleterious to health; and
any person aggrieved by the seizure may, within 48 hours after the seizure, complain thereof to a court and the court may —
confirm the seizure wholly or in part;
disallow the seizure wholly or in part;
order that any substance or matter that has been seized be returned to its owner, subject to any condition which the court may think fit to impose, to ensure that the substance or matter is preserved for any purpose for which it may subsequently be required; or
order payment to be made to the owner of or person entitled to the substance or matter seized of such amount as the court considers reasonable compensation to him for any loss or depreciation resulting from the seizure.
Where —
no complaint is received by the court within 48 hours of the seizure under subsection (2)(b); or
the court confirms the seizure under subsection (2)(b)(i), the substance or matter seized in its entirety or to the extent to which its seizure was confirmed by the court, as the case may be, shall become the property of the Government and shall be disposed of in such manner as the
Director thinks fit.
A person shall comply with a requirement under subsection (1)(e) to disclose information or produce documents to the
Director-General notwithstanding any restriction on the disclosure of the information or documents imposed by any written law, rule of law, rule of professional conduct or contract; and the person shall not by so doing be treated as being in breach of any such restriction notwithstanding anything to the contrary in that law, rule or contract.
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The power referred to in subsection (1)(g) does not apply in respect of any public place where the power to order the closure or cordoning off of such public place in the same circumstances has been conferred by any other written law on some other public officer or statutory body.
public place
“public place” means any place or premises to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and includes any place or premises used by the public or a section of the public for educational or recreational purposes or for assemblage;
Any premises that are unoccupied may be requisitioned under subsection (1)(h) without notice being given to the owner thereof, but no premises that are occupied shall be so requisitioned unless a written notice has been served on the owner or occupier or posted in a conspicuous position at those premises.
premises
“premises” means buildings, lands, easements and hereditaments of any tenure whether open or enclosed, whether public or private and includes any place or structure or any part thereof used or intended to be used for human habitation or for employment or any other purpose;
Where any premises or conveyance is requisitioned under subsection (1)(h), the owner or occupier of the premises or the owner or person having control and possession of the conveyance shall be entitled to a reasonable compensation for the occupation of the premises during the period of requisition, or for the use and detention of the conveyance, as the case may be.
owner
“owner”, in relation to any premises or vessel, means the person for the time being receiving the rent of the premises or vessel whether on his own account or as agent, trustee or receiver or who would receive the same if the premises or the vessel were let or chartered;
Any person who fails to comply with any requirement or order under subsection (1)(d), (e), (f), (g) or (i) is guilty of an offence.
Terms defined in s 2
carrier
Defined · s 2“carrier”, in relation to any infectious disease, means any person who is harbouring, or is likely to or is suspected to harbour, the agents of that disease;
contact
Defined · s 2“contact”, in relation to any infectious disease, means any person who has been exposed to the risk of infection from that disease;
Director-General
Defined · s 2“Director-General” means the Director-General of Health Services;
health officer
Defined · s 2“health officer” means any person who is authorised by the Director-General to carry into effect any provisions of this Act or the regulations made thereunder, and includes any person appointed as a health officer or a port health officer under the repealed Quarantine and Prevention of Disease Act;
infectious disease
Defined · s 2“infectious disease” means — (a) any of the diseases set out in Schedule 1; and (b) for the purposes of sections 7, 8, 9, 10, 13, 14, 15, 16, 19, 48, 56 and 76(1)(g), includes any other disease that — (i) is caused or is suspected to be caused by a micro-organism or any agent of disease; (ii) is capable or is suspected to be capable of transmission by any means to human beings; and (iii) the Director-General has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;
isolation
Defined · s 2“isolation”, in relation to a person or group of persons, means the separation of that person or group of persons from any other persons, other than — (a) the health staff in charge of the care and isolation of that person or group of persons; and (b) such other persons as the Director-General may allow;
occupier
Defined · s 2“occupier”, in relation to any premises or vessel, means the person in occupation of the premises or vessel or having the charge or control thereof either on his own account or as an agent of another person;
owner
Defined · s 2“owner”, in relation to any premises or vessel, means the person for the time being receiving the rent of the premises or vessel whether on his own account or as agent, trustee or receiver or who would receive the same if the premises or the vessel were let or chartered;
premises
Defined · s 2“premises” means buildings, lands, easements and hereditaments of any tenure whether open or enclosed, whether public or private and includes any place or structure or any part thereof used or intended to be used for human habitation or for employment or any other purpose;
public place
Defined · s 2“public place” means any place or premises to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and includes any place or premises used by the public or a section of the public for educational or recreational purposes or for assemblage;