{"id":"nsw:sl-2022-0414","name":"Mandatory Disease Testing Regulation 2022","slug":"mandatory-disease-testing-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"414 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176040,"registerId":"nsw-nsw:sl-2022-0414-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Mandatory Disease Testing Regulation 2022](/view/html/inforce/current/sl-2022-0414).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 29 July 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Content of mandatory testing order—the Act, s 18","content":"#### 4 Content of mandatory testing order—the Act, s 18\n\n4 Content of mandatory testing order—the Act, s 18\n\n> > (1) For the Act, section 18(1)(g), a mandatory testing order must include the following—\n> > \n> > > (a) the name and contact details of the medical practice, if any, at which the medical practitioner specified in the mandatory testing order works,\n> > \n> > > (b) the date of birth of the third party, if known,\n> > \n> > > (c) for a mandatory testing order made by a senior officer—a statement of the following—\n> > > \n> > > > (i) the third party may apply to the Chief Health Officer under the Act, section 23 for a review of the senior officer’s decision to make the mandatory testing order,\n> > > \n> > > > (ii) the application for a review must be made by the third party within 1 business day of the third party being notified of the senior officer’s decision.\n> \n> > (2) For the Act, section 18(2), the form for a mandatory testing order is prescribed in Schedule 1.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Submissions to senior officers—the Act, s 38(1)","content":"#### 5 Submissions to senior officers—the Act, s 38(1)\n\n5 Submissions to senior officers—the Act, s 38(1)\n\n> Submissions made under the Act, sections 11(3)(a) and 11(4)(b) may be—\n> \n> > (a) written or oral, and\n> \n> > (b) given by audio or audio visual means.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Disclosure of blood test results—the Act, s 38(1)","content":"#### 6 Disclosure of blood test results—the Act, s 38(1)\n\n6 Disclosure of blood test results—the Act, s 38(1)\n\n> > To avoid doubt, a medical practitioner authorised by a worker to receive the third party’s blood test results on the worker’s behalf under the Act, section 22(1)(a) may disclose the blood test results to the worker.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Applications for review—the Act, s 38(2)(b)","content":"#### 7 Applications for review—the Act, s 38(2)(b)\n\n7 Applications for review—the Act, s 38(2)(b)\n\n> > (1) An application for review made by a worker under the Act, section 23(1) must include a copy of the senior officer’s determination and the reasons for the determination.\n> \n> > (2) An application for review made by a third party under the Act, section 23(3) must include the following—\n> > \n> > > (a) a copy of the mandatory testing order,\n> > \n> > > (b) a copy of the third party’s written submissions made to the senior officer under the Act, section 11(4)(b), if any.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Delegation—the Act, s 35","content":"#### 8 Delegation—the Act, s 35\n\n8 Delegation—the Act, s 35\n\n> > (1) For the Act, section 35(1), the class comprising the following persons is prescribed—\n> > \n> > > (a) NSW Health Service senior executives,\n> > \n> > > (b) Public Service senior executives employed in Corrective Services NSW,\n> > \n> > > (c) Public Service senior executives employed within the Ministry of Health,\n> > \n> > > (d) Public Service senior executives employed in Youth Justice NSW within the Department of Communities and Justice,\n> > \n> > > (e) the Sheriff.\n> \n> > (2) For the Act, section 35(2), the class comprising the following persons is prescribed—\n> > \n> > > (a) NSW Health Service senior executives,\n> > \n> > > (b) Public Service senior executives employed within the Ministry of Health.\n> \n> > (3) In this section—\n> > \n> > Corrective Services NSW has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > NSW Health Service senior executive has the same meaning as in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> > \n> > Public Service senior executive has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > Sheriff has the same meaning as in the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Law Enforcement Conduct Commission workers","content":"#### 9 Law Enforcement Conduct Commission workers\n\n9 Law Enforcement Conduct Commission workers\n\n> > (1) The following are prescribed as a class of workers for the Act, Dictionary, definition of worker—\n> > \n> > > (a) a Commissioner of the Law Enforcement Conduct Commission (the LECC),\n> > \n> > > (b) a member of staff of the LECC.\n> \n> > (2) The Secretary is both the senior officer and the funding provider for a Commissioner of the LECC.\n> \n> > (3) The senior officer for a member of staff of the LECC is the Chief Commissioner of the LECC.\n> \n> > (4) The funding provider for a member of staff of the LECC is the Secretary.","sortOrder":8},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Form of mandatory testing order","content":"# Schedule 1 Form of mandatory testing order\n\nSchedule 1 Form of mandatory testing order\n\nsection 4(2)\n\nMandatory testing order under [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013)\n\nName of third party\n\n\\[*Name of third party*\\] is required to attend \\[*name and address of place*\\] to provide blood as soon as practicable but no later than 2 business days after being served with this order.\n\nDate of birth of third party\n\n\\[*Date of birth of third party*\\].\n\nDetails of blood-borne diseases\n\nThe blood of \\[*name of third party*\\] must be tested for—\n\n> • \\*all blood-borne diseases, or\n\n> • \\*\\[*specific blood-borne diseases*\\].\n\n*\\*Delete whichever does not apply*\n\nNote—\n\nBlood-borne disease is defined in the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013) to mean HIV infection, Hepatitis B, Hepatitis C or other blood-borne disease prescribed by the regulations under that Act.\n\nDetails of worker’s medical practitioner\n\n\\[*Name of worker*\\] has authorised the following medical practitioner to receive the third party’s blood test results on the worker’s behalf—\n\nName of medical practitioner—\n\nTelephone number—\n\nAddress—\n\nEmail address—\n\nName of medical practice at which the medical practitioner works—\n\nTelephone number of medical practice—\n\nAddress of medical practice—\n\nEmail address of medical practice—\n\nNote 1—\n\nMore than one medical practitioner at a medical practice can be listed.\n\nNote 2—\n\nUnder the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013), section 22(1)(a), the third party’s blood test results will be provided to the medical practitioner authorised by the worker to receive the blood test results on the worker’s behalf.\n\nDetails of third party’s medical practitioner—if applicable\n\n\\[*Name of third party*\\] has authorised the following medical practitioner to receive the third party’s blood test results on the third party’s behalf—\n\nName of medical practitioner—\n\nTelephone number—\n\nAddress—\n\nEmail address—\n\nName of medical practice at which the medical practitioner works—\n\nTelephone number of medical practice—\n\nAddress of medical practice—\n\nEmail address of medical practice—\n\nNote—\n\nMore than one medical practitioner at a medical practice can be listed.\n\nNotice to third party\n\nIt is an offence under the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013), section 27 to fail to comply with this order. The maximum penalty for the offence is imprisonment for 12 months or a fine of $11,000, or both.\n\nA third party may apply to the Chief Health Officer under the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013), section 23 for a review of the senior officer’s decision to make this order. The application must be made within 1 business day of the third party being notified of the senior officer’s decision.\n\nNotice to detained third party\n\nIf the third party is a detained third party, reasonable force may be used to ensure that the third party complies with this order.\n\nNote—\n\nDetained third party is defined in the [Mandatory Disease Testing Act 2021](/view/html/inforce/current/act-2021-013) to mean a third party who is in police custody or who is an inmate within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. Only website navigation elements and publication metadata were included in the document — the actual operative provisions of the regulation were absent. No scope assessment can be meaningfully made."},"complexity_factors":["Only administrative metadata was provided — the substantive legal content of the regulation is absent, preventing full complexity assessment","The subject matter (mandatory disease testing) inherently involves complex intersections of public health law, human rights, and criminal or civil procedure","As a regulation (subordinate legislation), it operates under a parent Act which adds a layer of interpretive dependency not visible here","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity element","Score is conservatively low due to insufficient content being available for analysis"],"plain_english_summary":"This NSW regulation governs when people can be legally required to undergo disease testing, affecting individuals who may be ordered to test, exposed victims or emergency workers, and the authorities who order or carry out tests. It matters because it balances public health protection with individual rights to bodily integrity.\n\nNote: the supplied document only contains administrative metadata (not the regulation text), so specific rules, procedures or penalties can’t be assessed. The instrument is set to expire on 1 September 2027."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Regulation remains tightly scoped to its original purpose: operationalising the Mandatory Disease Testing Act 2021. It does not expand beyond the Act's framework of enabling mandatory blood testing for exposed workers. The addition of LECC workers in section 9 is a natural extension of the 'worker' definition rather than scope creep, as the Act clearly contemplated prescribing additional worker classes by regulation."},"complexity_factors":["Short length — only 9 substantive sections plus a schedule","Minimal defined terms — only 4 definitions in section 8(3), with most terms imported by reference from other Acts","Straightforward conditional logic — mostly 'must include' requirements without nested exceptions","Single cross-reference dependency — relies heavily on the Mandatory Disease Testing Act 2021 for core concepts (third party, worker, detained third party, senior officer)","Prescriptive form in Schedule 1 — standard template with fill-in-the-blanks approach rather than complex legal drafting","No exceptions to exceptions — provisions are direct mandates without layered carve-outs"],"plain_english_summary":"**What this legislation does**\n\nThis Regulation sets out the practical details for how **mandatory disease testing orders** work in New South Wales. These are legal orders that force someone (called a \"third party\") to give a blood sample to be tested for diseases like HIV, Hepatitis B, and Hepatitis C.\n\n**Who it affects**\n\n- **Workers** — mainly frontline workers like police, paramedics, prison officers, and certain healthcare staff who have been exposed to someone else's bodily fluids (for example, through a needle-stick injury or being spat on). These workers can request that the person who exposed them be tested.\n- **Third parties** — the person whose blood is being ordered for testing. They have rights to make submissions and appeal the decision.\n- **Senior officers** — high-ranking officials in NSW Health, Corrective Services, Youth Justice, and other agencies who can make these orders.\n- **Medical practitioners** — doctors who receive and handle the test results.\n\n**Key things this Regulation covers**\n\n- **What must go in a testing order** — including the person's date of birth, where they must go for testing, and warnings about penalties (up to 12 months prison or $11,000 fine for refusing).\n- **How people can make submissions** — they can speak or write, including by video or phone.\n- **Who can receive test results** — confirming that a worker's doctor can legally share the results with the worker.\n- **How to appeal** — what paperwork is needed to ask the Chief Health Officer to review a decision.\n- **Who can make these decisions** — delegating power to specific senior executives in health, corrections, and justice agencies, plus the Sheriff.\n- **New category of workers** — adding staff and Commissioners of the Law Enforcement Conduct Commission (the police watchdog) as eligible workers who can request testing.\n\n**Why it matters**\n\nThis Regulation fills in the operational gaps left by the main Act. It ensures that when a worker faces potential exposure to serious blood-borne diseases, there's a clear, legally enforceable process to get the other person tested — while also protecting the third party's rights to be heard and to appeal. It balances worker safety with procedural fairness."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation does not expand the Act’s substantive powers. It elaborates procedural and administrative details: the mandatory order form and required contents (s4, Schedule 1), methods and evidentiary requirements for submissions and review (s5, s7), authorised disclosures (s6), prescribed delegation classes (s8) and funding-provider designations for LECC workers (s9). These are implementation details rather than changes to the Act’s scope."},"complexity_factors":["Prescriptive form and mandatory fields for orders (names, contact details, DOB, authorised medical practitioner) — s4, Schedule 1","Short, strict time limit for review applications (within 1 business day) and required documents for review (copy of order/determination and submissions) — s4(1)(c)(ii), s7","Cross-references to multiple Acts and defined terms, increasing interpretive dependencies (Act, Interpretation Act, Health Services Act, Crimes (Administration of Sentences) Act, Government Sector Employment Act, Sheriff Act) — s3, s8, Schedule 1 notes","Delegation classes span several agencies and executive classes, requiring coordination across health, corrective services, youth justice and the Sheriff — s8","Permissions for disclosure of test results to worker-authorised medical practitioners and reciprocal disclosure back to the worker create information-flow rules and potential confidentiality management tasks — s6, Schedule 1","Criminal sanction and explicit authorisation of reasonable force for detained persons create enforcement and compliance burdens for agencies implementing orders — Schedule 1"],"plain_english_summary":"This regulation sets procedural rules under the Mandatory Disease Testing Act 2021: it prescribes the required content and form of mandatory testing orders, how submissions and reviews must be made, authorised disclosure of blood test results, who may be delegated powers, and specified classes of covered workers (including LECC staff). It names the Secretary as the funding provider for certain LECC workers (s9). Orders carry a criminal penalty and, for detained persons, reasonable force may be authorised (s4, Schedule 1)."}},"importantCases":[],"_links":{"self":"/api/acts/mandatory-disease-testing-regulation-2022","history":"/api/acts/mandatory-disease-testing-regulation-2022/history","analysis":"/api/acts/mandatory-disease-testing-regulation-2022/analysis","conflicts":"/api/acts/mandatory-disease-testing-regulation-2022/conflicts","importantCases":"/api/acts/mandatory-disease-testing-regulation-2022/important-cases","documents":"/api/acts/mandatory-disease-testing-regulation-2022/documents"}}