Australian Capital Territory

sexually transmitted dIseases act 1956
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 10 November 1999
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	4.	Interpretation
	5.	Persons suffering from sexually transmitted disease to consult medical practitioner
	6.	Notices by medical practitioner in respect of sufferers from sexually transmitted disease
	6A.	Notification by pathologist
	7.	Notice requiring persons to submit to examination
	8.	Apprehension of person failing to attend for examination
	9.	Magistrate may order persons suffering from sexually transmitted disease to be removed to hospital etc.
	10.	Order for removal to another place of detention
	11.	Revocation of order
	12.	Persons ordered into hospital not to leave without consent
	13.	Medical examination ordered by Court
	15.	Appeal against orders of detention
	16.	Carrying into effect of warrants and orders
	17.	No action against Territory etc.
	18.	Signature of Chief Health Officer to be judicially noted
	19.	Members of the Defence Force infected
	20.	Offences
	21.	Regulations

Australian Capital Territory

sexually transmitted diseases act 1956
An Act to provide for and regulate the examination and treatment of persons suffering or suspected to be suffering from sexually transmitted diseases
1. 	Short title
	This Act may be cited as the Sexually Transmitted Diseases Act 1956.1
2. 	Commencement
	This Act shall come into operation on the second day of July, One thousand nine hundred and fifty-six.
4. 	Interpretation
	In this Act, unless the contrary intention appears—
“Chief Health Officer” means the Chief Health Officer under the Public Health Act 1997;
 “Court “ means the Magistrates Court;
 “medical practitioner” means a medical practitioner registered under the Medical Practitioners Registration Act 1930-1956;
“sexually transmitted disease” means gonorrhoea, syphilis, chancroid, donovanosis (granuloma inguinale) and lymphogranuloma venereum.
5. 	Persons suffering from sexually transmitted disease to consult medical practitioner
(1) 	A person who has reason to believe that he is, or may be, suffering from sexually transmitted disease shall forthwith consult a medical practitioner.
(2) 	If a person is informed by a medical practitioner who is professionally attending him that that person is, or may be, suffering from sexually transmitted disease, that person shall submit himself to such a course of treatment as the medical practitioner directs and shall continue that course of treatment until he is cured of, or is free from, the disease.  
Penalty:  5 penalty units.
6. 	Notices by medical practitioner in respect of sufferers from sexually transmitted disease
(1) 	A medical practitioner who has reason to believe that a person professionally attended by him is, or may be, suffering from sexually transmitted disease shall forthwith give to the Chief Health Officer notice in writing stating the details of the case but without notifying the identity of the person suffering from the disease.
(2) 	Where a person refuses or fails to submit himself to a course of treatment as directed by a medical practitioner under subsection (2) of the last preceding section, the medical practitioner shall forthwith give to the Chief Health Officer notice in writing stating the details of the case together with such particulars within the knowledge of the medical practitioner as may establish the identity and address of that person.
Penalty:  5 penalty units.
6A. 	Notification by pathologist
(1) 	Where—
	(a)	a pathologist tests a specimen for the purpose of ascertaining whether a person is or may be suffering from sexually transmitted disease; and
	(b)	the test is positive,
the pathologist shall, as soon as practicable, notify in writing the Chief Health Officer of the fact and of the name and address of the medical practitioner from whom the specimen was received.
(2) 	A notification under this section shall not give the name of the person from whom the specimen was taken.
(3) 	Where the test is made by a pathologist in the course of his employment, the person by whom he is employed or, in the case of a pathologist employed in a laboratory at a hospital, the person in charge of the laboratory, shall cause the Chief Health Officer to be notified in accordance with this section.
(4) 	In this section, a reference to a pathologist includes a reference to a laboratory assistant or technical officer employed in a laboratory.
Penalty:  5 penalty units.
7. 	Notice requiring persons to submit to examination
(1) 	Where the Chief Health Officer—
	(a)	receives a notice from a medical practitioner under subsection 6 (2); or
	(b)	has other reason to believe that a person is, or may be, suffering from sexually transmitted disease,
the Chief Health Officer may, by notice in writing, require that person to submit himself to medical examination at such time and place as are specified in the notice, and that person shall submit himself to examination accordingly.
(2) 	Where a notice under this section is given to a person under the age of sixteen years, the Chief Health Officer may deliver a copy of the notice to any parent, guardian or other person having, or ordinarily having, the charge of that first-mentioned person.
(3) 	A parent, guardian or other person to whom a copy of a notice is given under this section shall do all things within his power to ensure that the person in, or ordinarily in, his charge complies with the notice.
Penalty:  50 penalty units.
8. 	Apprehension of person failing to attend for examination
(1) 	Where a person has been required in pursuance of a notice under the last preceding section to attend for a medical examination and that person refuses or fails to submit himself to that examination at the time and place specified in the notice, the Court may, on the application of the Chief Health Officer, issue a warrant for the apprehension of that person.
(2) 	A warrant issued under this section authorizes a member of the Police Force of the Territory named in the warrant with such assistance as that member thinks necessary, to apprehend the person named in the warrant.
(3) 	If the person named in a warrant issued under this section is a woman, the warrant shall, if practicable, be directed to a member of the Police Force of the Territory who is a woman.
(4) 	The member of the Police Force of the Territory who apprehends a person under a warrant issued under this section shall forthwith notify the Chief Health Officer accordingly.
(5) 	The Chief Health Officer shall, upon the receipt of notification by a member of the Police Force of the Territory of the apprehension of a person under this section—
	(a)	fix a time and place for the examination of the person by a medical practitioner appointed by the Chief Health Officer; and
	(b)	advise that member of the Police Force of the Territory accordingly.
(6) 	A person apprehended under this section may be detained in a hospital or another place approved by the Chief Health Officer until the time for examination fixed under the last preceding subsection.
(7) 	The member of the Police Force of the Territory who has been advised of the time and place of examination of a person fixed under subsection (5) of this section shall bring that person to the place, and at the time, so fixed.
(8) 	If a person apprehended under this section refuses to submit to the examination as and when required by the medical practitioner under subsection (5) of this section, the medical practitioner may, with such assistance as he thinks necessary, forcibly examine that person.
9. 	Magistrate may order persons suffering from sexually transmitted disease to be removed to hospital etc.
(1) 	Where, upon application by the Chief Health Officer for an order under this subsection, the Court is satisfied that a person is suffering from sexually transmitted disease and that—
	(a)	it is in that person’s interest that he should be properly attended and treated;
	(b)	the person’s circumstances are such that proper precautions to prevent the spread of sexually transmitted disease cannot be taken, or that those precautions are not being taken; and
	(c)	substantial risk of infection is or will be thereby caused to others, 
the Court may order that person to be removed to a hospital or some other suitable place where he can be properly attended and treated and to be detained there for such period as the Court thinks fit, or, if that person is an in-patient in a hospital and proposes, contrary to the advice of the Chief Health Officer or of a medical officer of the hospital or of a medical practitioner, to leave the hospital, order him to be detained in the hospital or in some other suitable place for such period as the court thinks fit.
(2) 	At any time while a person is detained in pursuance of an order for the time being in force under the last preceding subsection, the Court may, upon application by the Chief Health Officer for an order under this subsection, and upon being satisfied that the conditions which led to that person’s detention being ordered will again exist if he is not detained for a further period after the expiration of the existing period of detention, order the detention of that person in the same place or in some other suitable place for such further period as the Court thinks fit.
(3) 	Where an application for an order is made under this section, the Chief Health Officer shall give to the person in respect of whom the application is made, and, in the case of a person who has not attained the age of sixteen years, to a parent, guardian other person having, or ordinarily having, the charge of the first-mentioned person, not less than three days’ notice in writing of the time and place at which the application will be heard.
(4) 	Subject to the next two succeeding sections and to section fifteen of this Act, an order under this section is final and binding on all parties.
(5) 	An order under this section may be addressed to the Chief Health Officer or such other person as the Court thinks fit, and the person to whom the order is addressed may do all acts necessary for giving effect to the order.
(6) 	The medical officer or other person in charge of a hospital or other place to which a person is ordered under this section to be removed shall, on the presentation of the order, receive the person to whom the order relates and arrange for his medical treatment, and shall do such other acts as are necessary for giving effect to the order.
10. 	Order for removal to another place of detention
(1) 	At any time while a person is detained in a hospital or other place in pursuance of an order under the last preceding section, the Court may, if it thinks fit, on the application of the Chief Health Officer or of the medical officer or other person in charge of the hospital or place, order that person to be removed to another hospital or suitable place and to be detained there while the first-mentioned order continues in force.
(2) 	The provisions of subsections (3), (4), (5) and (6) of the last preceding section apply, so far as applicable and with all necessary modifications, with respect to an application and order made under this section.
11. 	Revocation of order
(1) 	At any time during the currency of an order under either of the last two preceding sections, a person may, on behalf of the person to whom the order relates, apply to the Court for the revocation of the order, and the Court may, if it is satisfied that the last-mentioned person is cured of, or is free from, sexually transmitted disease, has ceased to be liable to convey infection or will present himself for treatment by a medical practitioner, revoke the order.
(2) 	Where an application is made under the last preceding subsection, the person making the application shall give to the Chief Health Officer not less than three days’ notice in writing of the time and place at which the application will be heard.
12. 	Persons ordered into hospital not to leave without consent
	A person who is removed to, or detained in, a hospital or other place in pursuance of an order under this Act shall not, while the order continues in force, except with the consent of the Chief Health Officer or of the medical officer or other person in charge of the hospital or place, leave or attempt to leave the hospital or place.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
13. 	Medical examination ordered by Court
	Where an application for an order or revocation of an order is made under this Act, the Court may, if it thinks fit, require the person to whom the application relates to be examined by a medical practitioner appointed by it for the purpose.
15. 	Appeal against orders of detention 
(1) 	The Chief Health Officer or any person aggrieved by an order of decision of the Court under section nine or ten of this Act may, within seven days after the making of the order or decision, or within such further time as the Judge in his discretion allows, appeal to the Judge of the Supreme Court against the order or decision.
(2) 	On the hearing of the appeal, the Judge may confirm, modify or reverse the order or decision of the Court and the Judge’s decision shall be final and binding on all parties.
(3) 	The Judge shall make no order as to costs in respect of an appeal under this section except where the appeal is by or on behalf of a person aggrieved and is successful.
16. 	Carrying into effect of warrants and orders
	A warrant or order issued under this Act has effect according to its tenor and members of the Police Force of the Territory and governing authorities and officers of a hospital or place in which a person is detained under this Act shall do all acts necessary for carrying into effect the provisions of warrants and orders issued under this Act.
17. 	No action against Territory etc.
	No action lies against the Territory, the Chief Health Officer, a member of the Police Force of the Territory, a medical practitioner or other person acting in accordance with this Act in respect of an apprehension, examination or detention in pursuance of this Act, but, if the Executive is satisfied that an apprehension, examination or detention was made or done without reasonable cause, the Executive may award reasonable compensation in respect of it.
18. 	Signature of Chief Health Officer to be judicially noted
	All courts of the Territory shall take judicial notice of the signature of the person who holds or has held the office of the Chief Health Officer or who is or was, for the time being, performing the duties of that office.
19. 	Members of the Defence Force infected
(1) 	The provisions of this Act with respect to the requirement to submit to an examination, the apprehension and the detention of a person do not apply to a member of the Defence Force of the Commonwealth.
(2) 	Where the Chief Health Officer has reason to believe that a member of the Defence Force of the Commonwealth is or may be suffering from sexually transmitted disease, the Chief Health Officer shall forthwith give to the senior administrative medical officer of the service or force to which the member is attached notice in writing setting out the details of the case together with such particulars within the knowledge of the Chief Health Officer as may establish the identity and address of the member.
20. 	Offences
	A person shall not—
	(a)	wilfully disobey an order, direction or requirement under this Act;
	(b)	obstruct, delay or interfere with the prompt execution of, or compliance with, any such order, direction or requirement; or
Penalty for contravention of paragraph (a):  50 penalty units.
Penalty for contravention of paragraph (b):  50 penalty units or imprisonment for 6 months, or both.
21. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for—
	(a)	prescribing forms for applications, orders, notices or certificates to be made or given under this Act; and
	(b)	prescribing penalties not exceeding—
	(i)	if the offender is a natural person—10 penalty units; or 
	(ii)	if the offender is a body corporate—50 penalty units.

NOTES
1.	The Sexually Transmitted Diseases Act 1956 as shown in this reprint comprises Act No. 9, 1956 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Venereal Diseases Ordinance 1956	9, 1956	21 June 1956	2 July 1956		
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
Ordinances Revision (Health Commission) Ordinance 1975	17, 1975	1 July 1975	1 July 1975	—	
Venereal Diseases (Amendment) Ordinance 1977	40, 1977	24 Aug 1977	24 Aug 1977	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Ordinances Revision (Penalties) Ordinance 1979	26, 1979	31 Aug 1979	31 Aug 1979	—	
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Community and Health Service (Consequential Provisions) Ordinance 1988	29, 1988	30 June 1988	2 July 1988	S. 4	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Sexually Transmitted Diseases (Amendment) Act 1990	61, 1990	21 Dec 1990	21 Dec 1990	—	
Health Services (Consequential Provisions) Act 1990	63, 1990	28 Dec 1990	Ss. 1 and 2:  28 Dec 1990
Remainder:  31 Jan 1991 (see 
s. 2 (2) and Gazette 1991, No. S4)	Ss. 6-17	
Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Health (Consequential Provisions) Act 1993	14, 1993	1 Mar 1993	1 Mar 1993 (see s. 2)	Parts IV-VI (ss. 14-34)	
(Reprinted as at 31 January 1994)	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)
	Part III
(ss. 4-9)	
Public Health (Miscellaneous Provisions) Act 1997	70, 1997	9 Oct 1997	Ss. 41 and 43 (1): 13 Aug 1998 (see Gazette 1998, No. S185) (a)	Part IV
 (ss. 25-28) (see  Note 3)
and s. 41	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Law Reform (Miscellaneous Provisions) Act 1999
	1999 No 66	10 Nov 1999	10 Nov 1999	—	
(a)	The Sexually Transmitted Diseases Act 1956 was amended by subsection 43 (1) and Schedule 1 only of the Public Health  (Miscellaneous Provisions) Act 1997, subsection 2 (2) of which provides as follows:
“(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	am. Act No. 61, 1990
S. 1	am. Act No. 23, 1992
S. 3	rep. No. 46, 1978
S. 4	am. No. 40, 1977; No. 46, 1978; No. 67, 1985; Act No. 61, 1990;
No. 97, 1994; No. 70, 1997
S. 5 	am. Act No. 61, 1990; No. 54, 1998
S. 6	am. Act No. 61, 1990; No. 70, 1997; No. 54, 1998
S. 6A	ad. No. 40, 1977
	am. Act No. 61, 1990; No. 70, 1997; No. 54, 1998
S. 6B	ad. No. 40, 1977
	rep. Act No. 61, 1990
S. 7	am. No. 40, 1977; Act No. 61, 1990; No. 70, 1997; No. 54, 1998
S. 8	am. Act No. 70, 1997
S. 9	am. Act No. 61, 1990; No. 70, 1997
S. 10	am. Act No. 70, 1997
S. 11	am. Act No. 61, 1990; No. 70, 1997
S. 12	am. Act No. 70, 1997; No. 54, 1998
S. 14	rep. 1999 No 66 s 6 sch 3
S. 15	am. Act No. 70, 1997; 1999 No 66 s 6 sch 3
S. 17	am. No. 17, 1975; No. 29, 1988; No. 38, 1989; Act No. 63, 1990; No. 14, 1993; No. 70, 1997
S. 18	am. Act No. 70, 1997
S. 19	am. Act No. 61, 1990; No. 70, 1997
S. 20	am. No. 19, 1966; No. 26, 1979; Act No. 54, 1998
S. 21	am. No. 19, 1966; No. 26, 1979; No. 38, 1989; Act No. 54, 1998

3. Part IV (ss. 25-28) of the Public Health (Miscellaneous Provisions) Act 1997 (No. 70, 1997) provides for the repeal and transitional provisions of the Sexually Transmitted Diseases Act 1956.
Subsection 2 (2) of the Public Health (Miscellaneous Provisions) Act 1997  provides as follows:
“(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”
As at 10 November 1999 no date had been fixed for the commencement of Part IV (ss. 25-28).