{"id":"mandatory-testing-infectious-diseases-act-2014","name":"Mandatory Testing (Infectious Diseases) Act 2014","slug":"mandatory-testing-infectious-diseases-act-2014","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71536,"registerId":"wa-mandatory-testing-infectious-diseases-act-2014-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mandatory Testing (Infectious Diseases) Act 2014","content":"![Crest]()Western Australia\n\nMandatory Testing (Infectious Diseases) Act 2014\n\nWestern Australia\n\nMandatory Testing (Infectious Diseases) Act 2014\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Purpose of Act 1\n\n4. Terms used 1\n\n5. *Freedom of Information Act 1992* does not apply to this Act 6\n\nPart 2 — Disease test approvals\n\nDivision 1 — Preliminary\n\n6. Purpose of Part 7\n\n7. Terms used 7\n\nDivision 2 — Applications\n\n8. Application for a disease test approval 7\n\n9. Detention of suspected transferor pending application 8\n\nDivision 3 — Disease test approval\n\n10. Giving of disease test approval 9\n\n11. Copy of disease test approval to be served 10\n\nDivision 4 — Consequences of issuing disease test approvals\n\n12. Effect of disease test approval 10\n\n13. Offences of failing to comply with requirement under disease test approval 11\n\nPart 3 — Disease test orders\n\nDivision 1 — Preliminary\n\n14. Purpose of Part 12\n\n15. Terms used 12\n\nDivision 2 — Applications\n\n16. Application for order for testing of suspected transferor 12\n\n17. Copy of application to be served 13\n\n18. Hearing an application 13\n\nDivision 3 — Disease test orders\n\n19. Making of disease test order 13\n\n20. Explanation of disease test order 14\n\n21. Copy of disease test order to be served 15\n\nDivision 4 — Consequences of issuing disease test orders\n\n22. Effect of disease test order 15\n\n23. Offence of failing to comply with disease test order 15\n\nDivision 5 — Appeals\n\n24. Appeal against disease test order 16\n\n25. Appeal by public officer 16\n\nPart 4 — General\n\n26. Taking samples under disease test authorisation 17\n\n27. Analysis of samples 17\n\n28. No payment may be required in relation to taking or testing under disease test authorisation 18\n\n29. Restriction on disclosure of results of analysis 18\n\n30. Prohibition on use of samples for other purposes 20\n\n31. Certain evidence inadmissible 20\n\n32. Protection from liability 21\n\n33. Regulations 21\n\n34. Review of this Act after 5 years 21\n\nNotes\n\nCompilation table 22\n\nDefined terms\n\n  \n\nWestern Australia\n\nMandatory Testing (Infectious Diseases) Act 2014\n\nAn Act to provide for the mandatory testing for certain infectious diseases of persons reasonably suspected of having transferred bodily fluids to police and other related public officers acting in the course of duty.\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Mandatory Testing (Infectious Diseases) Act 2014*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Purpose of Act\n\nThe purpose of this Act is to help ensure that a police officer or other public officer who, in the course of duty, is exposed to the risk of transmission of certain infectious diseases receives appropriate medical, physical and psychological treatment by authorising —\n\n(a) the taking of a sample from a person who, if carrying an infectious disease, might have transmitted it to the officer; and\n\n(b) the analysis of the sample to find out whether the person is carrying the infectious disease.\n\n[Section 3 amended: No. 21 of 2020 s. 4.]\n\n##### 4. Terms used\n\nIn this Act, unless the contrary intention appears —\n\nadult means a person who has reached 18 years of age;\n\naffected public officer means a public officer in relation to whom there are reasonable grounds for disease testing;\n\nbodily fluid includes semen, blood and saliva;\n\nchild means a person who is under 18 years of age;\n\nCommissioner means the Commissioner of Police;\n\ndisease test authorisation means —\n\n(a) a disease test approval as defined in section 7(1); or\n\n(b) a disease test order as defined in section 15;\n\ndoctor means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the medical profession;\n\nincapable person means a person who is not a child and —\n\n(a) who for any reason is unable to give consent to being tested for an infectious disease; or\n\n(b) who is unconscious, deceased or otherwise unable —\n\n(i) to understand a request made to give consent to being tested for an infectious disease; or\n\n(ii) to communicate whether or not he or she consents to being tested for an infectious disease;\n\ninfectious disease means any of the following —\n\n(a) Human Immunodeficiency Virus (HIV) infection;\n\n(b) Hepatitis B;\n\n(c) Hepatitis C;\n\n(d) any other prescribed disease capable of being transmitted by the transfer of bodily fluid;\n\nnurse means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the nursing profession;\n\npolice officer means a police officer acting in the course of duty;\n\npolice‑related officer means any of the following acting in the course of duty —\n\n(a) a person appointed under the *Police Act 1892* Part III to be a special constable;\n\n(b) a person appointed under the *Police Act 1892* Part IIIA to be an Aboriginal police liaison officer;\n\n(c) a person appointed under the *Police Act 1892* Part IIIB to be a police auxiliary officer;\n\n(d) a police cadet within the meaning of the *Police Act 1892*;\n\npolice service employee means a person employed or engaged in the department of the Public Service principally assisting the Minister in the administration of the *Police Act 1892* and acting in the course of duty;\n\nprescribed means prescribed in regulations under this Act;\n\nprotected person means —\n\n(a) a child; or\n\n(b) an incapable person;\n\npublic officer means any of the following —\n\n(a) a police officer;\n\n(b) a police‑related officer;\n\n(c) a police service employee;\n\nqualified person means —\n\n(a) the holder of —\n\n(i) a Certificate III in Pathology Collection from a college as defined in the *Vocational Education and Training Act 1996* section 5(1); or\n\n(ii) an equivalent qualification from an institution based in another State or Territory or overseas;\n\nor\n\n(b) in relation to the taking of a sample of a particular type — a person, or class of persons, prescribed for the taking of that type of sample;\n\nreasonable grounds for disease testing means reasonable grounds for suspecting that there has been a transfer of bodily fluid from a suspected transferor to a public officer as a result of —\n\n(a) an assault by the suspected transferor against the public officer; or\n\n(b) the lawful apprehension or detention of the suspected transferor by the public officer; or\n\n(c) any other prescribed circumstance involving the suspected transferor and the public officer;\n\nresponsible person —\n\n(a) in relation to a suspected transferor who is a child, means any of the following persons —\n\n(i) a parent of the child;\n\n(ii) a guardian of the child;\n\n(iii) another adult person who has responsibility for the day‑to‑day care of the child;\n\n(iv) if no person mentioned in another subparagraph of this paragraph is available, a prescribed person, or a person in a prescribed class of persons;\n\n(b) in relation to a suspected transferor who is an incapable person other than a deceased person, means any of the following persons —\n\n(i) an adult relative of the incapable person;\n\n(ii) a person who is a guardian of the incapable person under the *Guardianship and Administration Act 1990*;\n\n(iii) a person who is an enduring guardian of the incapable person under the *Guardianship and Administration Act 1990* and is authorised to perform functions in relation to the incapable person in the circumstances in which this Act applies;\n\n(iv) a person recognised as the incapable person’s advocate under the *Disability Services Act 1993* section 32(2);\n\n(v) a person who is a carer (as defined in the *Carers Recognition Act 2004* section 4) in relation to the incapable person;\n\n(vi) if no person mentioned in another subparagraph of this paragraph is available, a prescribed person, or a person in a prescribed class of persons;\n\n(c) in relation to a suspected transferor who is a deceased person, the person who has lawful custody of the suspected transferor’s body;\n\nsample means a sample of blood, saliva, mucus, respiratory secretions or other material taken from a person;\n\nsuspected transferor, where there are reasonable grounds for disease testing, means the person from whom it is suspected the bodily fluid was transferred;\n\ntransfer of bodily fluid means the transfer of bodily fluid from one person into the anus, vagina, mucous membrane or broken skin of another person.\n\n[Section 4 amended: No. 4 of 2018 s. 113; No. 21 of 2020 s. 5.]\n\n##### 5. *Freedom of Information Act 1992* does not apply to this Act\n\nThe *Freedom of Information Act 1992* (FOI Act) does not apply to activities or records under this Act to the extent that the FOI Act would otherwise enable or require the disclosure of the identity of —\n\n(a) a suspected transferor; or\n\n(b) an affected public officer.\n\n## Part 2 — Disease test approvals\n\n### Division 1 — Preliminary\n\n##### 6. Purpose of Part\n\nThe purpose of this Part is to provide for the mandatory testing of a suspected transferor who is not a protected person.\n\n##### 7. Terms used\n\n(1) In this Part —\n\napplication means an application under section 8;\n\napproved form means a written form approved by the Commissioner;\n\ndisease test approval means an approval under this Part for the taking and testing of a sample from a suspected transferor;\n\nremote communication means any way of communicating at a distance including by telephone, fax, email and radio;\n\nsenior police officer, in relation to an application, means a police officer who is an inspector or an officer of a rank more senior than an inspector.\n\n(2) A reference in this Part to making an application includes a reference to giving information in support of the application.\n\n[Section 7 amended: No. 21 of 2020 s. 6.]\n\n### Division 2 — Applications\n\n##### 8. Application for a disease test approval\n\n(1) A public officer may apply to a senior police officer for a disease test approval if —\n\n(a) there are reasonable grounds for disease testing; and\n\n(b) the suspected transferor is not a protected person; and\n\n(c) the senior police officer is not involved in the investigation of any suspected offence to which the proposed disease test approval relates.\n\n(2) The application may be made by remote communication.\n\n(3) The application must —\n\n(a) if practicable be in writing; and\n\n(b) state the full name and official details of the applicant; and\n\n(c) state the full name and official details of the affected public officer; and\n\n(d) state the full name and address of the suspected transferor; and\n\n(e) state the grounds for suspecting that there has been a transfer of bodily fluid from the suspected transferor to the affected public officer; and\n\n(f) include any other information that is prescribed for the purposes of this subsection.\n\n(4) If it is not practicable to make the application in writing, the public officer making the application must, as soon as practicable after the application is made, make a written record of it, including all the information required under subsection (3).\n\n(5) If the suspected transferor is being detained under section 9, the application must be made —\n\n(a) as soon as practicable; and\n\n(b) in a manner that ensures the determination of the application as soon as practicable,\n\nafter the apprehension of the suspected transferor.\n\n##### 9. Detention of suspected transferor pending application\n\nA police officer may apprehend and detain the suspected transferor for as long as is reasonably necessary to enable the determination of the application.\n\n### Division 3 — Disease test approval\n\n##### 10. Giving of disease test approval\n\n(1) On an application, a senior police officer may give a disease test approval if satisfied —\n\n(a) there are reasonable grounds for disease testing; and\n\n(b) the suspected transferor is not a protected person.\n\n(2) The disease test approval must be in an approved form and must include a statement of all of the following —\n\n(a) the full name and address of the suspected transferor;\n\n(b) that a police officer may apprehend the suspected transferor and detain him or her for as long as is reasonably necessary to enable the taking of a sample from the suspected transferor;\n\n(c) that, for the purposes of paragraph (b), a police officer may enter any place where the police officer suspects on reasonable grounds the suspected transferor might be located;\n\n(d) that a police officer may take the suspected transferor to a place the police officer considers has appropriate facilities for taking the sample;\n\n(e) that a doctor, nurse or qualified person may take a sample from the suspected transferor.\n\n(3) The disease test approval may be given subject to any reasonable conditions that the senior police officer considers appropriate and specifies in the approval.\n\n(4) The disease test approval may be given by remote communication.\n\n(5) The senior police officer must, as soon as practicable after granting an approval orally by remote communication, make a record in writing of the particulars referred to in subsection (2) relating to the approval.\n\n[Section 10 amended: No. 21 of 2020 s. 7.]\n\n##### 11. Copy of disease test approval to be served\n\n(1) A copy of the disease test approval must be served personally on the suspected transferor.\n\n(2) The copy of the disease test approval must contain an explanation, in an approved form —\n\n(a) of the purpose and effect of the approval; and\n\n(b) that force may be used to enforce the approval; and\n\n(c) that failure to comply with a requirement made under the approval is an offence.\n\n(3) A disease test approval does not take effect until a copy of it is served in accordance with this section.\n\n### Division 4 — Consequences of issuing disease test approvals\n\n##### 12. Effect of disease test approval\n\n(1) A disease test approval confers the powers referred to in section 10(2)(b), (c) and (d).\n\n(2) A disease test approval relating to a suspected transferor —\n\n(a) authorises a sample to be taken from the suspected transferor in accordance with the approval; and\n\n(b) authorises a police officer to require the suspected transferor to submit to the taking of the sample in accordance with the approval.\n\n(3) A disease test approval also authorises the sample to be tested for an infectious disease.\n\n[Section 12 amended: No. 21 of 2020 s. 8.]\n\n##### 13. Offences of failing to comply with requirement under disease test approval\n\nA suspected transferor commits an offence if the suspected transferor, without reasonable excuse, fails to comply with a requirement made under section 12(2)(b).\n\nPenalty: a fine of $12 000 and imprisonment for 12 months.\n\n## Part 3 — Disease test orders\n\n### Division 1 — Preliminary\n\n##### 14. Purpose of Part\n\nThe purpose of this Part is to provide for the mandatory testing of a suspected transferor who is a protected person.\n\n##### 15. Terms used\n\nIn this Part —\n\napplication means an application under section 16;\n\ncourt means —\n\n(a) in relation to a suspected transferor who is a child — the Children’s Court;\n\n(b) in relation to a suspected transferor who is not a child — the Magistrates Court;\n\ndisease test order means an order of a court under this Part authorising the taking and testing of a sample from a suspected transferor, and includes a variation of the order under section 19(4);\n\nthird party, in relation to an application, has the meaning given in section 17(2).\n\n[Section 15 amended: No. 21 of 2020 s. 9; No. 9 of 2022 s. 424.]\n\n### Division 2 — Applications\n\n##### 16. Application for order for testing of suspected transferor\n\nA public officer may apply to a court for a disease test order if —\n\n(a) there are reasonable grounds for disease testing; and\n\n(b) the suspected transferor is a protected person.\n\n##### 17. Copy of application to be served\n\n(1) The applicant must serve a copy of the application personally on a responsible person.\n\n(2) A person served under subsection (1) is a third party to the application.\n\n##### 18. Hearing an application\n\n(1) The court —\n\n(a) must hear and decide an application with as little delay as possible and in the absence of the public; and\n\n(b) may, in extraordinary circumstances, adjourn the application for no more than 24 hours to allow further evidence to be put before the court; and\n\n(c) must ensure that all of the following persons are afforded the right to be represented by a lawyer at the hearing —\n\n(i) the suspected transferor; and\n\n(ii) a third party.\n\n(2) An affected public officer cannot be compelled to give evidence at the hearing.\n\n### Division 3 — Disease test orders\n\n##### 19. Making of disease test order\n\n(1) The court may make a disease test order in relation to the suspected transferor if the court is satisfied that —\n\n(a) there are reasonable grounds for disease testing; and\n\n(b) in the circumstances, a sample should be taken from the suspected transferor.\n\n(2) The disease test order must include a statement of all of the following —\n\n(a) the full name and address of the suspected transferor;\n\n(b) that a police officer may apprehend the suspected transferor and detain him or her for as long as is reasonably necessary to enable the taking of a sample from the suspected transferor;\n\n(c) that, for the purposes of paragraph (b), a police officer may enter any place where the police officer suspects on reasonable grounds the suspected transferor might be located;\n\n(d) that a police officer may take the suspected transferor to a place the police officer considers has appropriate facilities for taking the sample;\n\n(e) that a doctor, nurse or qualified person may take a sample from the suspected transferor.\n\n(3) The disease test order may be made subject to any reasonable conditions that the court considers appropriate and specifies in the order.\n\n(4) The court may, by further order, vary or revoke a disease test order.\n\n[Section 19 amended: No. 21 of 2020 s. 10.]\n\n##### 20. Explanation of disease test order\n\n(1) A court making a disease test order must ensure that the suspected transferor and third party are informed —\n\n(a) of the suspected transferor’s right under section 24 to appeal to the District Court against the disease test order; and\n\n(b) that the suspected transferor has a right to obtain legal advice and to communicate with a lawyer; and\n\n(c) about the purpose and effect of the order; and\n\n(d) that force may be used to enforce the order; and\n\n(e) that failure to comply with the order is an offence.\n\n(2) The court must take all reasonable steps to ensure that the explanation provided to the suspected transferor is expressed in a language and manner that the suspected transferor is likely to understand.\n\n(3) A failure by the court to comply with this section does not invalidate the disease test order.\n\n##### 21. Copy of disease test order to be served\n\n(1) A copy of a disease test order must be served personally on a third party.\n\n(2) A disease test order does not take effect until a copy of it is served in accordance with this section.\n\n### Division 4 — Consequences of issuing disease test orders\n\n##### 22. Effect of disease test order\n\n(1) A disease test order confers the powers referred to in section 19(2)(b), (c) and (d).\n\n(2) A disease test order —\n\n(a) authorises a sample to be taken from the suspected transferor in accordance with the order; and\n\n(b) requires a responsible person who is a third party to take all reasonable steps to enable the sample to be taken in accordance with the order.\n\n(3) A disease test order also authorises the sample to be tested for an infectious disease.\n\n[Section 22 amended: No. 21 of 2020 s. 11.]\n\n##### 23. Offence of failing to comply with disease test order\n\nA responsible person who is a third party commits an offence if the responsible person, without reasonable excuse, fails to comply with a requirement referred to in section 22(2)(b).\n\nPenalty: a fine of $12 000 and imprisonment for 12 months.\n\n### Division 5 — Appeals\n\n##### 24. Appeal against disease test order\n\n(1) A third party may, on behalf of the suspected transferor, appeal against a disease test order to the District Court.\n\n(2) Unless the District Court otherwise orders, the appeal —\n\n(a) must be filed without delay; and\n\n(b) does not stay the operation of the disease test order.\n\n(3) The District Court cannot order a stay of a disease test order of more than 48 hours from the time the disease test order is made.\n\n(4) The District Court must hear and decide the appeal —\n\n(a) within 48 hours after the disease test order is made; and\n\n(b) in the absence of the public; and\n\n(c) without adjourning the appeal.\n\n(5) The District Court may allow or refuse to allow the appeal.\n\n##### 25. Appeal by public officer\n\n(1) If a court decides not to make a disease test order under section 19, the public officer who applied for the order may appeal to the District Court against the decision.\n\n(2) Unless the District Court otherwise orders, the appeal must be filed without delay.\n\n(3) The District Court must hear and decide the appeal —\n\n(a) within 48 hours after the decision not to make a disease test order; and\n\n(b) in the absence of the public; and\n\n(c) without adjourning the appeal.\n\n(4) The District Court may allow or refuse to allow the appeal.\n\n## Part 4 — General\n\n##### 26. Taking samples under disease test authorisation\n\n(1) A police officer executing a disease test authorisation in relation to a suspected transferor may ask a doctor, nurse or qualified person to take a sample from the suspected transferor.\n\n(2) When asking the doctor, nurse or qualified person to take the sample, the police officer must produce for the doctor’s, nurse’s or qualified person’s inspection a copy of the disease test authorisation.\n\n(3) The doctor, nurse or qualified person may take a sample from the suspected transferor in accordance with the disease test authorisation.\n\n(4) If help is needed for taking the sample, the doctor, nurse or qualified person may ask another person to give any reasonably necessary help.\n\n(5) The doctor, nurse or qualified person, and a person helping the doctor, nurse or qualified person, may use any reasonably necessary force for taking the sample.\n\n(6) The doctor, nurse or qualified person must immediately send the sample to a pathology laboratory with appropriate facilities for testing the sample for infectious diseases.\n\n[Section 26 amended: No. 21 of 2020 s. 12.]\n\n##### 27. Analysis of samples\n\n(1) An officer of a pathology laboratory may analyse, or arrange for someone else to analyse, a sample sent to the pathology laboratory under section 26.\n\n(2) An officer of the pathology laboratory may destroy the sample, or any part of the sample —\n\n(a) before it has been used for the analysis or a further analysis — if it is not required for any analysis or further analysis;\n\n(b) after it has been used for the analysis or a further analysis — if it is not required for any further analysis.\n\n[Section 27 amended: No. 21 of 2020 s. 13.]\n\n##### 28. No payment may be required in relation to taking or testing under disease test authorisation\n\nA person who takes a sample under a disease test authorisation cannot require any of the following persons to make any payment (whether in money or money’s worth) for or in relation to the taking or testing of the sample under the disease test authorisation —\n\n(a) the suspected transferor;\n\n(b) if the suspected transferor is a protected person — a responsible person, whether or not the responsible person is a third party to the application, as those terms are defined in section 15;\n\n(c) if the suspected transferor is a deceased person, the person who has lawful possession of the suspected transferor’s estate.\n\n[Section 28 amended: No. 21 of 2020 s. 14.]\n\n##### 29. Restriction on disclosure of results of analysis\n\n(1) In this section —\n\nhealth professional has the meaning given in the *Civil Liability Act 2002* section 5PA;\n\nsenior next of kin, in relation to a deceased person, has the meaning given in the *Coroners Act 1996* section 37(5).\n\n(2) A person who conducts an analysis of a sample under this Act must not disclose the results of the analysis to any person other than one or more of the following —\n\n(a) an affected public officer;\n\n(b) the Commissioner or any other public officer acting in the course of duty;\n\n(c) the suspected transferor;\n\n(d) if the suspected transferor is a protected person — a responsible person;\n\n(e) if the suspected transferor is a deceased person, the senior next of kin of the suspected transferor;\n\n(f) a doctor, nurse or other health professional involved in treating or providing care for an affected public officer or the suspected transferor;\n\n(g) a psychiatrist, psychologist or social worker providing counselling for an affected public officer or the suspected transferor;\n\n(h) a person to whom the disclosure is authorised or required to be made under a written law;\n\n(i) a prescribed person, or a person in a prescribed class of persons.\n\nPenalty: a fine of $9 000 and imprisonment for 9 months.\n\n(3) A person referred to in subsection (2) to whom information is disclosed under this section must not disclose the information except to another person referred to in subsection (2).\n\nPenalty: a fine of $9 000 and imprisonment for 9 months.\n\n(4) Subsection (3) does not apply to an affected public officer unless the disclosure is done —\n\n(a) by way of a public disclosure through the mass media by the affected public officer of the results of the analysis; and\n\n(b) in such a way as to reveal the identity of the suspected transferor.\n\n(5) Subsection (3) does not apply to the suspected transferor unless the disclosure is done —\n\n(a) by way of a public disclosure through the mass media by the suspected transferor of the results of the analysis; and\n\n(b) in such a way as to reveal the identity of the affected public officer.\n\n[Section 29 amended: No. 21 of 2020 s. 15.]\n\n##### 30. Prohibition on use of samples for other purposes\n\nA person must not use a sample taken under this Act for any purpose other than analysis under this Act.\n\nPenalty: a fine of $9 000 and imprisonment for 9 months.\n\n[Section 30 amended: No. 21 of 2020 s. 16.]\n\n##### 31. Certain evidence inadmissible\n\n(1) In this section —\n\nproceeding means a legal or other action or proceeding, other than an action or proceeding under this Act.\n\n(2) In a proceeding all of the following are not admissible in evidence —\n\n(a) the making of an application for a disease test authorisation;\n\n(b) the giving of a disease test authorisation;\n\n(c) the results of an analysis of a sample under this Act.\n\n[Section 31 amended: No. 21 of 2020 s. 17.]\n\n##### 32. Protection from liability\n\n(1) No civil or criminal liability attaches to a person for the performance, or purported performance, in good faith, of a function under this Act.\n\n(2) If a person conducting an analysis of a sample under this Act discloses the results of the analysis to a person referred to in section 29(2), the disclosure is not to be regarded as —\n\n(a) a breach of any duty of confidentiality or secrecy imposed by law; or\n\n(b) a breach of professional ethics or standards or any principles of conduct applicable to the person’s employment; or\n\n(c) unprofessional conduct.\n\n[Section 32 amended: No. 21 of 2020 s. 18.]\n\n##### 33. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n##### 34. Review of this Act after 5 years\n\n(1) The Minister must review the operation and effectiveness of this Act as soon as practicable after the expiry of 5 years from the commencement of section 3.\n\n(2) The Minister must, as soon as practicable —\n\n(a) prepare a report about the outcome of the review; and\n\n(b) cause a copy of the report to be laid before each House of Parliament.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Mandatory Testing (Infectious Diseases) Act 2014* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Mandatory Testing (Infectious Diseases) Act 2014* | 26 of 2014 | 3 Nov 2014 | s. 1 and 2: 3 Nov 2014 (see s. 2(a));   Act other than s. 1 and 2: 1 Jan 2015 (see s. 2(b) and *Gazette* 30 Dec 2014 p. 5498) |\n| *Health Practitioner Regulation National Law (WA) Amendment Act 2018* s. 113 | 4 of 2018 | 19 Apr 2018 | 1 Dec 2018 (see s. 2(d) and *Gazette* 13 Nov 2018 p. 4427‑8) |\n| *Mandatory Testing (Infectious Diseases) Amendment (COVID‑19 Response) Act 2020* | 21 of 2020 | 21 May 2020 | s. 1 & 2: 21 May 2020 (see s. 2(a));<br>Act other than s. 1 & 2: 22 May 2020 (see s. 2(b)) |\n| *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadult 4\n\naffected public officer 4\n\napplication 7(1), 15\n\napproved form 7(1)\n\nbodily fluid 4\n\nchild 4\n\nCommissioner 4\n\ncourt 15\n\ndisease test approval 7(1)\n\ndisease test authorisation 4\n\ndisease test order 15\n\ndoctor 4\n\nFOI Act 5\n\nhealth professional 29(1)\n\nincapable person 4\n\ninfectious disease 4\n\nnurse 4\n\npolice officer 4\n\npolice service employee 4\n\npolice‑related officer 4\n\nprescribed 4\n\nproceeding 31(1)\n\nprotected person 4\n\npublic officer 4\n\nqualified person 4\n\nreasonable grounds for disease testing 4\n\nremote communication 7(1)\n\nresponsible person 4\n\nsample 4\n\nsenior next of kin 29(1)\n\nsenior police officer 7(1)\n\nsuspected transferor 4\n\nthird party 15, 17(2)\n\ntransfer of bodily fluid 4\n","sortOrder":0}],"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":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable from the provided source. The page returned was a website error notice, not the Act itself."},"complexity_factors":["No legislative content was available for analysis — only an error page was provided","Cannot assess structural complexity, definitional layers, or interaction with other legislation","Score of 1 reflects absence of analysable content, not simplicity of the underlying Act"],"plain_english_summary":"The Mandatory Testing (Infectious Diseases) Act 2014 (WA) sets out powers and procedures—as publicly reported—to allow emergency workers (eg, paramedics, firefighters, police) who have been exposed to someone’s bodily fluids to require that person undergo testing for infectious diseases. It affects both emergency responders and those tested, balancing worker safety, public health, and individuals’ legal and privacy rights."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s text as compiled shows later amendments (see compilation table: 2018, 2020 Mandatory Testing Amendment (COVID‑19 Response) Act, and 2022 amendment) and multiple sections flagged as amended (including s.3, s.4, ss.7–11, ss.15–16, ss.26–32). Those amendments altered definitions, the stated purpose and procedural mechanics (for example, adding or clarifying remote communication, cross‑references to the Health Practitioner Regulation National Law, and appeal/process changes), indicating the statutory coverage and operational detail have been broadened or refined since original enactment."},"complexity_factors":["Dual procedural regimes: summary senior‑police approvals (Part 2) vs. court orders for protected persons (Part 3) create parallel processes and different safeguards (see ss.8–13 and ss.16–25).","Extensive defined terminology that conditions operation (eg. 'protected person', 'reasonable grounds for disease testing', 'responsible person') requiring cross‑reference across provisions (see s.4).","Significant executive and judicial discretions: senior police officers may grant approvals (s.10) while courts decide orders (s.19) and may impose conditions or vary orders (s.10(3), s.19(3)–(4)).","Compulsory powers: apprehension, detention, entry to premises, removal to suitable facilities and authorised use of reasonable force to take samples (ss.9,10(2)(b)–(d), 19(2)(b)–(d), 26(5)).","Criminal offences and penalties for non‑compliance by suspected transferors and responsible persons (ss.13,23) raise enforcement and procedural urgency.","Privacy and disclosure constraints with criminal sanctions, an FOI exemption and strict limits on recipients of results create confidentiality obligations and potential legal risk (ss.5,29).","Interaction with other laws and professional regulation (eg. Health Practitioner Regulation National Law, Guardianship and Administration Act) increases implementation complexity (defined terms and amendments noted throughout).","Time‑sensitive judicial processes and appeal windows (eg. District Court appeals to be heard within 48 hours) impose compressed timelines on parties and courts (ss.24–25).","Operational rules for sample handling, testing, destruction and prohibition on secondary use impose laboratory and clinical compliance duties (ss.26–30).","Regulatory and amendment history (multiple sections expressly amended) requires attention to versions and delegated regulations (s.33 and compilation table)."],"plain_english_summary":"The Act lets police or a court require a blood, saliva or similar sample from someone suspected of transferring bodily fluid to a police or other public officer, and permits testing for specified infectious diseases. It sets out two routes — senior‑police approval for non‑protected adults and court orders for protected persons — and authorises detention, entry and reasonable force to obtain samples, criminal penalties for non‑compliance, and strict limits on who may receive test results."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose of providing mandatory disease testing for police and related public officers exposed to bodily fluids. The 2020 amendments (COVID-19 Response) appear to be technical updates rather than substantive expansions of scope. The 5-year review mechanism in section 34 suggests the legislature anticipated monitoring whether the Act remained appropriately scoped."},"complexity_factors":["Dual-track system with different procedural requirements for protected persons (court orders) versus non-protected persons (police approvals)","34 defined terms in section 4 alone, with additional definitions in Parts 2 and 3","Extensive cross-referencing to other WA legislation including the Police Act 1892, Guardianship and Administration Act 1990, Disability Services Act 1993, Carers Recognition Act 2004, Coroners Act 1996, Civil Liability Act 2002, and Health Practitioner Regulation National Law","Nested definitions: 'disease test authorisation' encompasses both 'disease test approval' and 'disease test order', each with distinct procedural requirements","Multiple categories of 'public officers' (5 sub-types) and 'responsible persons' (up to 6 sub-types depending on circumstances)","Conditional commencement provisions and amendment history requiring reference to compilation table","Strict temporal limitations on appeals (48-hour hearing deadlines, maximum 48-hour stays)","Exceptions to prohibitions in section 29(4)-(5) regarding public disclosure through mass media"],"plain_english_summary":"This Western Australian law allows police and certain public officers to force someone to undergo blood tests for infectious diseases (HIV, Hepatitis B, Hepatitis C, and other prescribed diseases) if that person is suspected of transferring bodily fluids to the officer during an assault, arrest, or other prescribed circumstances.\n\n**Who it affects:**\n- **Public officers**: Police officers, special constables, Aboriginal police liaison officers, police auxiliary officers, police cadets, and police service employees who are exposed to bodily fluids while on duty.\n- **Suspected transferors**: Anyone suspected of transferring bodily fluids (blood, semen, saliva, etc.) to a public officer through their anus, vagina, mucous membrane, or broken skin.\n\n**How it works:**\nThe law creates two different processes depending on who the suspected transferor is:\n\n**For adults who can consent (not \"protected persons\"):**\n- A senior police officer (inspector or higher) can approve mandatory testing through a \"disease test approval.\"\n- The suspected transferor can be detained to enable testing.\n- Refusing to comply is a criminal offence (up to $12,000 fine and 12 months jail).\n\n**For children and \"incapable persons\" (protected persons):**\n- A court must issue a \"disease test order\" instead of police approval.\n- The Children’s Court handles cases involving children; the Magistrates Court handles incapable adults.\n- A \"responsible person\" (parent, guardian, or carer) must be served with the application and can appeal to the District Court within strict time limits (48 hours).\n- The responsible person commits an offence if they don't take reasonable steps to enable the testing.\n\n**Key protections:**\n- **Privacy**: Test results can only be shared with specific people (the officer, the suspect, medical professionals treating them, and certain family members if deceased). Mass media disclosure identifying either party is prohibited.\n- **No cost**: The suspected transferor never pays for the testing.\n- **Use restrictions**: Samples cannot be used for any purpose other than testing for the specified infectious diseases.\n- **Evidence shield**: The fact that testing was requested or approved, and the test results themselves, cannot be used as evidence in other legal proceedings (such as criminal prosecutions against the suspected transferor).\n- **Good faith protection**: People acting under this law in good faith are protected from being sued.\n\n**Why it matters:**\nThis law balances the need for emergency medical treatment (including psychological care) for officers exposed to potentially deadly diseases against the serious intrusion on bodily autonomy and privacy. It creates a rapid process for adults while requiring judicial oversight for vulnerable people (children and those unable to consent)."}},"importantCases":[],"_links":{"self":"/api/acts/mandatory-testing-infectious-diseases-act-2014","history":"/api/acts/mandatory-testing-infectious-diseases-act-2014/history","analysis":"/api/acts/mandatory-testing-infectious-diseases-act-2014/analysis","conflicts":"/api/acts/mandatory-testing-infectious-diseases-act-2014/conflicts","importantCases":"/api/acts/mandatory-testing-infectious-diseases-act-2014/important-cases","documents":"/api/acts/mandatory-testing-infectious-diseases-act-2014/documents"}}