What powers does the Minister of Health have under the Public Health Regulations?

What must be done upon these directions being given?

I've received a Quarantine Order but I'm not sick. I don't see the need to isolate. What can I do?

I've been removed to a step-down facility or hospital but I want to leave. What can I do?

Who can issue these Quarantine Orders?

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Q: What powers does the Minister of Health have under the Public Health Regulations?

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A: Where someone has tested positive (either privately by a medical doctor or laboratory or CARPHA), the Public Health Regulations empower the Minister of Health to give directions as he thinks fit for self-quarantine of any person suffering or likely to suffer from COVID-19. These include directions where necessary in his discretion in writing for:

 

1. the restraint, segregation and isolation of COVID-19 positive persons however they've tested (whether through CARPHA or privately) or such persons who have been exposed to the positive person (primary contacts) and are likely to suffer from COVID-19 as a result.

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2. the hospitalisation of positive persons or their primary contacts or placing them in 'step-down' facilities.

 

3. the treatment of positive persons or their primary contacts.

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4. the self-quarantine of any positive person or their primary or secondary contacts being persons who are likely to suffer from COVID-19.

 

The Minister may make these orders if he considers it necessary to prevent or control the spread of COVID-19, in the interests of the positive person or the primary contact or in the interests of the public health system.

 

Q: What must be done upon these directions being given?

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A: The person to whom the direction is given must be informed of:

 

1. the reason for giving the direction.

 

2. the period for which the person must remain at the public hospital or designated facility for observation, surveillance (in the case of primary contacts) or treatment or self-quarantine.

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3. the fact that it is an offence not to comply with the direction or to obstruct a medical practitioner, nurse, member of staff at a public hospital, facility or public or private ambulance service in carrying out the direction of the Minister.

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In the case of self-quarantine (that is, not at a hospital or facility but at home), the direction must be in writing, must require self-quarantine at a specified place and must specify the length of self-quarantine and address of that place. The other particulars stated above also apply to self-quarantine orders.

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Q: I've received a self-quarantine order but I'm not sick. I don't see the need to isolate. What can I do?

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A: It is an offence not to comply with a self-quarantine order. You must not leave the specified address for any reason (presumably not in an emergency - this may be used as a defence but is very fact specific and there is likely to be a high standard of what is considered 'emergency'. Suffering a heart attack? Probably. KFC delivery taking too long? Not really).

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The Regulations, however, aren't clear as to what is the applicable penalty in the case of self quarantine. The effect isn't clear but broadly speaking the penalty discussed below may apply to self quarantine as well.

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Q: I've received a Quarantine Order / been removed to a step-down facility or hospital but I want to leave. What can I do?

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A: Not very much unfortunately (unless you've tested negative for the requisite period and you aren't being released - in which case you may need to speak with a lawyer immediately!).

 

Remember, it is a criminal offence if you don't comply with the direction generally of or obstruct a doctor, nurse or any other member of staff at a hospital, designated facility or staff member of a public or private ambulance service from carrying out this direction.

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If you do so, you'd have committed an offence and you're liable on summary conviction to a fine of $250,000.00 and imprisonment for up to 6 months. 

 

As with any criminal offence, if you've been charged or you're being investigated by the police for an offence, you should speak with a lawyer immediately. If you don't already have a lawyer, check out our page on choosing a lawyer here. 

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Q: Who can issue these Quarantine Orders?

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A: Although the Minister of Health is specifically empowered under the Regulations, as with many powers created by statute (that is, Acts of Parliament or written laws) the powers exercisable may be down by the recipient of the power's lawful delegate. In this case, you'd likely receive Quarantine Orders from the Chief Medical Officer or the County Medical Officers of Health.

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Last updated: 14 April 2023.