Infectious Diseases

Overview

The Minister may specify the infectious diseases by regulations. A person who knows he is a probable source of infection with an infectious disease must take steps provided for by the legislation and take reasonable precautions to prevent infecting others from such disease by his present conduct or by means of any article with which he has been t in contact.

Every person has the care of another whom he knows to be a probable source of infection with an infectious disease. He must take reasonable precautions to prevent that other from infecting others with the disease by presence conduct or contact with articles. Contravention of the above obligations is an offence.

The Department of Health has the authority to make regulations to prevent the spreading of infectious diseases after the treatment of a person suffering from them. Charges may be made for the provision of the services.

Submission to Measures

Regulations may require adults to submit themselves or parents to submit children to specified measures in relation to protection or immunization against particular infectious diseases. A person who contravenes regulations or obstructs the execution of regulations is guilty of an offence.

A person may object to the measures required in relation to protection and immunization against a particular infectious disease by sending a notice specifying the objection. The Department may, by order, declare that it is necessary in order to prevent the spreading of infectious diseases that persons submit themselves to the requisite measures in relation to protection or immunization.

Adult persons of a specified class may be required to submit themselves to immunization or other measures. Equivalent provisions exist in respect of children. Parents may make the relevant objection, provided that, as above,  the Department may specify that the measures are mandatory.

Sale or Letting Infected Premises

It is an offence to sell or let a dwelling which, to the person’s knowledge, has been occupied by a person suffering from an infectious disease within the last three months if notice is not given to the authorities prior to such sale or letting.

Where an occupier ceases to occupy the dwelling and a person has resided in it within the last three months while suffering from infectious diseases, he must notify the owner in a prescribed manner. Failure to do so is an offence.

It is an offence for a person concerned in the sale or letting of a dwelling to make a false statement in relation to the question of whether a person with infectious diseases has resided there within the last three months.

Where a person lets a room by way of lodging which has been used by a person suffering from an infectious disease within the previous three months, he must notify the health authorities. Failure to do so is an offence.

Where the health authority receives a notice in accordance with the above provisions, it may require disinfection and disinfestations of the premises concerned within seven days. Where so required, the owner may request the work to be done by the health authority. The property may not be sold, lodged, let until after seven days from the date of the notice of the health authority or after disinfection or disinfestation.

Detention of Persons

There is provision for the detention and isolation of a person who is the probable source of infection. Upon certification by the authorities and a registered medical practitioner, the person may be detained in isolation in a specified place or hospital until a certificate is given that the person is no longer a probable source of infection.

Such orders must be sent to the Department of Health. There is a provision for appeal to the Department. Upon appeal the person may be released or the detention may be confirmed.

The health authority may provide accommodations for persons who are compelled to leave their homes or the kind of steps taken to prevent the spread of infectious disease. They may provide the necessities of life and food without charge.

Required Measures

They may make provision for training and education and for employment suitable to their condition of health. The authorities may provide nurses to attend to persons suffering from infectious diseases.

Where a person is ordered to take measures against infection under the legislation and fails to do so, then if a third party has been exposed by such failure without his knowledge to the risk of infection, it is presumed in a civil action that the infection was the direct result of the failure to take precautions, unless it is proved otherwise.

The Department of Health may prohibit absolutely,  or subject to conditions, a person suffering from infectious diseases entering any institution in the area for which it is responsible. This may cover the entire State.

Verminous Persons

A person who knows that he is verminous must take precautions provided for by the legislation and reasonable precautions to prevent infesting others. Vermin means any insects, bugs, flies, lice, itch mites including their eggs larvae and pupae.

A person who has care of another whom he knows or has reasonable cause to believe is verminous must take the requisite precautions provided by the Act and take over the steps to prevent infestation. Failure to do so is an offence.

A verminous child may be prohibited from attending school. The Department may make regulations prescribing precautions to be taken by proprietors of persons working in establishments where there is a special danger of the spread of infestation, including in relation to persons or articles. Failure to comply constitutes an offence.

Health authorities must make arrangements for the disinfestation of

• a verminous adult person on his application,
• a verminous child on the application or  with the consent of a parent,
• a verminous building or structure on the application of the occupier or
• a verminous vehicle, vessel or aircraft on the application of its owner or agent.