Association seeks clear safeguards

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Fiji Medical Association (FMA) acting president Dr Ronal Kumar. Picture: FIJI GOVERNMENT /FILE

THE Fiji Medical Association (FMA) has raised concern over provisions in the Public Health (Amendment) Bill 2026, saying the proposed law grants broad powers to public health authorities without clearly defined safeguards.

In its submission, the association said the Bill would allow the head of environmental health and authorised officers to order medical examinations, require vaccination and treatment, direct individuals to vacate premises, and carry out demolition of buildings.

“These are highly intrusive powers that may affect patient autonomy, bodily integrity, liberty, family life, privacy, clinical decision-making, and property rights.”

The association said the Bill does not clearly set out essential safeguards to guide how these powers should be applied, including requirements for clinical assessment before decisions are made, written reasons for orders, and documented risk assessments.

FMA also raised concern over the absence of clear proportionality requirements, time limits, appeal or review mechanisms, and independent oversight of decisions made under the proposed law.

The association said such powers may engage constitutional rights and therefore require clear safeguards to ensure that any restriction is lawful, necessary, proportionate and subject to review.

It recommended that compulsory orders for medical examination, treatment, vaccination, isolation or quarantine be subject to sign-off by a qualified medical practitioner.

The association also called for defined criteria for issuing orders, and for authorities to use the least restrictive measures necessary when responding to public health risks.