This Act creates a legal power to require a person whose deliberate act exposed a health, emergency or public sector worker to another person’s bodily fluid to attend and give a blood sample for testing (orders may be made by a senior officer, the Court or the Chief Health Officer). It sets time limits, penalties for non‑compliance, confidentiality rules, special safeguards for vulnerable people, requires a medical consultation before application, allocates testing and travel costs to the worker’s funding provider, and establishes Ombudsman oversight.
Mechanically, the Act establishes a statutory regime permitting compulsory blood testing of a person (the third party) in a narrow set of workplace-contact circumstances and sets out who may initiate, authorise, carry out and review such testing. The objects stated by the Act are to provide for mandatory blood testing where a health, emergency or public sector worker to whom the Act applies comes into contact with a person’s bodily fluid as a result of that person’s deliberate action and the worker is at risk of contracting a blood‑borne disease (s 3(a)), to encourage those workers to seek medical advice about risk (s 3(b)) and to protect their health and wellbeing (s 3(c)).
Key operational features are:
Who may apply: the affected worker may apply for a mandatory testing order in relation to a third party where the worker came into contact with the third party’s bodily fluid in the execution of duty, as a result of a deliberate action of the third party, and without the worker’s consent (s 8(1)). Applications cannot be made in respect of a third party under 14 years of age (s 8(2)).
Medical consultation precondition: the worker must consult a relevant medical practitioner as soon as reasonably practicable but no later than 24 hours after contact, or up to 72 hours if reasonable in the circumstances (s 9(1)-(2)); the medical practitioner must inform the worker about risk and risk mitigation and the extent to which testing assists risk assessment (s 9(3)).
Application form and timing: the application must be in writing with specified content (detailed description of the incident, statements about lack of consent and deliberate action, practitioner details, and authorisations to receive results) and must be made to the worker’s senior officer within 5 business days after the contact (s 8(4), s 10).
Current sections
Direct links to the current provisions in Mandatory Disease Testing Act 2021.
This Act commences on a day or days to be appointed by proclamation.
3
Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are—
(a) to provide for mandatory blood testing of a person in circumstances where—
(i) a health, emergency or public sector worker to whom this Act applies comes into contact with the person’s bodily fluid as a result of the person’s deliberate action, and
(ii) the worker is at risk of contracting a blood-borne disease as a result of the person’s deliberate action, and
(b) to encourage health, emergency and public sector workers to whom this Act applies to seek medical advice and information about the risks of contracting a blood-borne disease while at work, and
(c) to protect and promote the health and wellbeing of health, emergency and public sector workers to whom this Act applies.
4
Definitions
4 Definitions
4 Definitions
The Dictionary defines words used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
5
Meaning of “mandatory testing order”
5 Meaning of “mandatory testing order”
5 Meaning of “mandatory testing order”
(1) In this Act, a mandatory testing order means an order that—
(a) requires the third party in relation to whom the order is made to—
(i) attend the place specified in the order as soon as practicable but no later than 2 business days after being served with the order, and
(ii) provide the third party’s blood to be tested for blood-borne diseases, and
(b) authorises the third party’s blood to be tested for the blood-borne diseases specified in the order.
(2) A mandatory testing order may be made by—
(a) a senior officer for the worker concerned under Part 3, or
(b) the Court under Part 4, or
(c) the Chief Health Officer under Part 7.
6
Concurrence of Health Minister
6 Concurrence of Health Minister
6 Concurrence of Health Minister
The Minister is not to recommend the making of a regulation for the purposes of the following provisions without the concurrence of the Minister administering the Public Health Act 2010—
(a) section 29(1)(e),
(b) section 38(2)(b),
(c) the definitions of blood-borne disease and bodily fluid in the Dictionary.
7
Use of blood samples by NSW Police Force
7 Use of blood samples by NSW Police Force
7 Use of blood samples by NSW Police Force
To avoid doubt, blood taken from a third party under a mandatory testing order must not be used by a member of the NSW Police Force for a purpose that is not authorised under this Act.
Part 2
Applications for mandatory testing orders
Part 2 Applications for mandatory testing orders
Part 2 Applications for mandatory testing orders
8
Application for mandatory testing order
8 Application for mandatory testing order
8 Application for mandatory testing order
(1) A worker may apply for a mandatory testing order in relation to a person (the third party) if—
(a) the worker has come into contact with the bodily fluid of the third party, and
(b) the contact occurred—
(i) in the execution of the worker’s duty, and
(ii) as a result of a deliberate action of the third party, and
(iii) without the consent of the worker.
(2) An application may not be made if the third party is under the age of 14 years.
(3) An application may be made only if the worker has consulted a relevant medical practitioner in accordance with section 9.
(4) An application must be made to the worker’s senior officer within 5 business days after the contact.
9
Consultation with medical practitioner
9 Consultation with medical practitioner
9 Consultation with medical practitioner
(1) A worker who proposes to apply for a mandatory testing order must, as soon as reasonably practicable but no later than 24 hours after the contact occurred, consult a relevant medical practitioner in relation to the contact.
(2) Despite subsection (1), a worker may consult with a relevant medical practitioner up to 72 hours after the contact occurred if reasonable in the circumstances.
(3) During the consultation, the relevant medical practitioner must inform the worker about—
(a) the risk to the worker of contracting a blood-borne disease from the third party as a result of the contact, and
(b) the appropriate action to be taken by the worker to mitigate the risks of—
(i) contracting a blood-borne disease from the third party as a result of the contact, and
(ii) transmitting a contracted blood-borne disease to another person, and
(c) the extent to which testing the third party’s blood for blood-borne diseases will assist in assessing the risk to the worker of contracting a blood-borne disease.
10
Content of application for mandatory testing order
10 Content of application for mandatory testing order
10 Content of application for mandatory testing order
(1) An application for a mandatory testing order must be made in writing and contain the following—
(a) a detailed description of the contact, including the date, time, place and surrounding circumstances,
(b) the nature of the worker’s contact with the third party’s bodily fluid,
(c) the name and address of the third party, if known,
(d) a statement that the worker did not consent to the contact,
(e) a statement that, in the opinion of the worker, the contact with the third party’s bodily fluid was as a result of a deliberate action of the third party,
(f) a statement that the worker consulted a relevant medical practitioner as required under section 9,
(g) the name and contact details of the relevant medical practitioner,
(h) a copy of written advice received from the relevant medical practitioner, if any,
(i) the name and contact details of a medical practitioner authorised by the worker to receive, on the worker’s behalf, the results of the testing of the third party’s blood.
(2) An application must contain a statement that the worker consents to the senior officer, to the extent necessary for determining the application—
(a) discussing the consultation under section 9 with the relevant medical practitioner concerned, and
(b) obtaining the worker’s medical records that relate to the contact, if the application does not include a copy of written advice received from the relevant medical practitioner as referred to in subsection (1)(h).
(3) An application may also contain information about whether or not it appears to the worker that the third party is a vulnerable third party.
Part 3
Determination of applications for mandatory testing orders
Part 3 Determination of applications for mandatory testing orders
Part 3 Determination of applications for mandatory testing orders
11
Determination of application for mandatory testing order
11 Determination of application for mandatory testing order
11 Determination of application for mandatory testing order
(1) A senior officer is to determine an application for a mandatory testing order by—
(a) if it appears to the senior officer, on the information available, that the third party is a vulnerable third party—
(i) deciding to apply to the Court for a mandatory testing order, or
(ii) refusing the application, or
(b) if it does not appear to the senior officer, on the information available, that the third party is a vulnerable third party—
(i) making a mandatory testing order, or
(ii) refusing the application.
(2) The senior officer must determine an application within 3 business days after receiving the application, unless a longer period is necessary in the circumstances.
(3) Before determining an application under subsection (1)(a), the senior officer must—
(a) provide the third party and the third party’s parent or guardian, if any, with an opportunity to make submissions, and
(b) consider the submissions received.
(4) Before determining an application under subsection (1)(b), the senior officer must—
(a) seek the third party’s consent to voluntarily provide blood to be tested for blood-borne diseases, and
(b) provide the third party with an opportunity to make submissions and consider the submissions received.
(5) In determining an application, the senior officer is to consider—
(a) the guidelines issued by the Chief Health Officer under section 33, and
(b) other matters the senior officer considers relevant, including a report made in relation to the incident during which the contact occurred.
(6) The senior officer may decide to apply to the Court for a mandatory testing order for a vulnerable third party only if satisfied that testing the third party’s blood for blood-borne diseases is justified in all the circumstances.
(7) The senior officer may make a mandatory testing order for a third party only if satisfied that—
(a) the third party will not voluntarily provide blood to be tested for blood-borne diseases, and
(b) testing the third party’s blood for blood-borne diseases is justified in all the circumstances.
12
Refusal of application for mandatory testing order
12 Refusal of application for mandatory testing order
12 Refusal of application for mandatory testing order
(1) A senior officer may refuse an application for a mandatory testing order if, after making reasonable inquiries, the senior officer cannot locate the third party in relation to whom the application relates.
(2) A senior officer may refuse an application on other grounds the senior officer considers appropriate in the circumstances.
13
Notice of determination of application for mandatory testing order
13 Notice of determination of application for mandatory testing order
13 Notice of determination of application for mandatory testing order
(1) As soon as practicable after determining an application for a mandatory testing order, the senior officer must give written notice of the determination and the reasons for the determination to the following—
(a) the worker,
(b) the third party,
(c) if the application relates to a third party who appears to the senior officer to be a vulnerable third party—the third party’s parent or guardian, if any,
(d) the Ombudsman.
(2) The senior officer is not required to give written notice under subsection (1)(b) or (c) if the senior officer cannot locate the person.
Part 4
Mandatory testing orders for vulnerable third parties
Part 4 Mandatory testing orders for vulnerable third parties
Part 4 Mandatory testing orders for vulnerable third parties
14
Application to Court for mandatory testing order for vulnerable third party
14 Application to Court for mandatory testing order for vulnerable third party
14 Application to Court for mandatory testing order for vulnerable third party
(1) An application to the Court for a mandatory testing order for a third party who appears to the senior officer to be a vulnerable third party must be made in writing.
(2) The application must include the following—
(a) a copy of the application for a mandatory testing order made by the worker,
(b) the blood-borne diseases for which the vulnerable third party’s blood is to be tested,
(c) other information the senior officer considers relevant.
(3) As soon as practicable after making the application, the senior officer must notify the following—
(a) the worker,
(b) the third party and the third party’s parent or guardian, if any,
(c) the Chief Health Officer.
(4) The Chief Health Officer may make submissions to the Court in relation to an application for a mandatory testing order made by a senior officer.
15
Court may make mandatory testing order for vulnerable third party
15 Court may make mandatory testing order for vulnerable third party
15 Court may make mandatory testing order for vulnerable third party
(1) The Court may, on application by a senior officer or the Chief Health Officer, make a mandatory testing order for a third party who appears to the Court to be a vulnerable third party.
(2) The Court may make a mandatory testing order only if satisfied that, on the balance of probabilities, testing the third party’s blood for blood-borne diseases is justified in all the circumstances.
(3) In determining whether or not to make a mandatory testing order, the Court must take into account the following—
(a) the best interests of the third party,
(b) the wishes of the third party and the third party’s parent or guardian, if any,
(c) submissions made by the Chief Health Officer,
(d) other matters the Court considers relevant.
16
Jurisdiction of Local Court and Children’s Court
16 Jurisdiction of Local Court and Children’s Court
16 Jurisdiction of Local Court and Children’s Court
(1) Local Court Part 4 of the Local Court Act 2007 applies to proceedings in relation to an application to the Local Court for a mandatory testing order under this Part.
(2) Section 70 of the Local Court Act 2007 does not apply in relation to a mandatory testing order made by the Local Court.
(3) Children’s Court To avoid doubt, an application for a mandatory testing order for a third party who is under 18 years of age is to be made to, and dealt with by, the Children’s Court.
(4) Section 10 and Part 2, Division 3A of the Children (Criminal Proceedings) Act 1987 apply to proceedings in relation to an application for a mandatory testing order in the Children’s Court in the same way as they apply to criminal proceedings in the Children’s Court.
(5) The regulations may make provision about proceedings in the Children’s Court relating to applications for and the making of mandatory testing orders.
17
Court to continue to deal with application for mandatory testing order even if third party not vulnerable
17 Court to continue to deal with application for mandatory testing order even if third party not vulnerable
17 Court to continue to deal with application for mandatory testing order even if third party not vulnerable
If, during proceedings relating to an application to the Court for a mandatory testing order, it appears to the Court that the third party is not a vulnerable third party, the Court may continue to deal with the application as if the third party was a vulnerable third party.
Part 5
Content and service of mandatory testing orders
Part 5 Content and service of mandatory testing orders
Part 5 Content and service of mandatory testing orders
18
Content of mandatory testing order
18 Content of mandatory testing order
18 Content of mandatory testing order
(1) A mandatory testing order must be in writing and contain the following information—
(a) the name of the third party,
(b) the place the third party is required to attend to provide blood,
(c) that the blood is to be tested for all blood-borne diseases unless otherwise specified,
(d) the name and contact details of a medical practitioner—
(i) authorised by the worker to receive the blood test results on the worker’s behalf, and
(ii) authorised by the third party to receive the blood test results on the third party’s behalf, if any,
(e) that failure to comply with a mandatory testing order is an offence with a maximum penalty of 100 penalty units or imprisonment for 12 months, or both,
(f) for a detained third party—that reasonable force may be used to ensure that a detained third party complies with the mandatory testing order,
(g) other information prescribed by the regulations.
(2) The regulations may prescribe a form for a mandatory testing order made by a senior officer or the Chief Health Officer.
19
Service of mandatory testing order
19 Service of mandatory testing order
19 Service of mandatory testing order
(1) As soon as reasonably practicable but no later than 5 business days after a mandatory testing order is made by a senior officer, the senior officer must cause a copy of the order to be personally served on the third party in relation to whom it is made.
(2) A registrar of the Court is to personally serve a copy of a mandatory testing order made by the Court on the third party in relation to whom the order is made if the third party is present in the Court when the order is made.
(3) If the third party is not present in the Court when the order is made or was present but a registrar of the Court was unable to serve a copy of the order personally on the third party—
(a) a registrar of the Court is to arrange for a copy of the order to be given to the senior officer, and
(b) the senior officer must, as soon as reasonably practicable but no later than 5 business days after a mandatory testing order is made, cause a copy of the order to be personally served on the third party, and
(c) the registrar of the Court is to arrange for a copy of the order to be sent by post to the third party or to another person if the registrar thinks fit.
(4) A mandatory testing order must not be personally served on a third party by the worker concerned or a person who was present at the incident during which the relevant contact occurred.
Part 6
Carrying out of mandatory testing
Part 6 Carrying out of mandatory testing
Part 6 Carrying out of mandatory testing
20
Carrying out of blood test
20 Carrying out of blood test
20 Carrying out of blood test
(1) A mandatory testing order authorises a person of a class approved by the Health Secretary for the purposes of this Act to take blood from the third party in relation to whom the order is made even if the third party does not consent to provide blood.
(2) A person taking blood from a third party under a mandatory testing order must—
(a) be presented with a copy of the mandatory testing order relating to the third party before taking the third party’s blood, and
(b) take blood in a manner consistent with relevant medical and other professional standards, and
(c) not use force against the third party to take the blood, other than force ordinarily required to take blood from a person.
(3) Blood taken from a third party under a mandatory testing order is to be tested for the blood-borne diseases specified in the order in a pathology laboratory accredited by the National Association of Testing Authorities for that purpose.
(4) The period during which blood is being taken from a third party under a mandatory testing order is not to be included in the investigation period under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 for the third party.
21
Functions of police officers and correctional officers for detained third parties
21 Functions of police officers and correctional officers for detained third parties
21 Functions of police officers and correctional officers for detained third parties
(1) A law enforcement officer may—
(a) transport a detained third party to and from a place at which the detained third party’s blood will be taken under a mandatory testing order, and
(b) assist a person to take blood from a detained third party under a mandatory testing order.
(2) A law enforcement officer may use reasonable force in relation to a detained third party—
(a) to exercise the functions referred to in subsection (1), and
(b) to prevent loss, destruction or contamination of a blood sample taken from the detained third party.
(3) In this section—
law enforcement officer means—
(a) for a detained third party who is in police custody—a police officer, and
(b) for a detained third party who is an inmate—a correctional officer.
22
Results of blood test
22 Results of blood test
22 Results of blood test
(1) The pathology laboratory at which the testing of a third party’s blood under a mandatory testing order was carried out must, as soon as reasonably practicable, provide the blood test results to the following—
(a) the medical practitioner authorised by the worker to receive the blood test results on the worker’s behalf,
(b) the medical practitioner authorised by the third party to receive the blood test results on the third party’s behalf, if any,
(c) the Chief Health Officer, if the third party does not authorise a medical practitioner.
(2) The pathology laboratory at which the testing of a third party’s blood under a mandatory testing order was carried out may destroy the sample as soon as the sample is no longer required for the purposes of this Act.
Part 7
Review by Chief Health Officer
Part 7 Review by Chief Health Officer
Part 7 Review by Chief Health Officer
23
Application for review by Chief Health Officer
23 Application for review by Chief Health Officer
23 Application for review by Chief Health Officer
(1) A worker may apply to the Chief Health Officer for review of a senior officer’s decision to refuse an application for a mandatory testing order.
(2) The worker must make the application within 1 business day of being notified of the senior officer’s decision.
(3) A third party in relation to whom a senior officer makes a mandatory testing order may apply to the Chief Health Officer for review of the senior officer’s decision.
(4) The third party must make the application within 1 business day of being notified of the senior’s officer decision.
(5) An application for review must be made in writing and in the form prescribed by the regulations, if any.
(6) An application for review made by a worker must include a copy of the original application for the mandatory testing order.
(7) An application may not be made for review of a senior officer’s decision to make an application to the Court for a mandatory testing order for a vulnerable third party.
24
Effect of application for review by third party
24 Effect of application for review by third party
24 Effect of application for review by third party
(1) If an application for review is made by a third party after a senior officer has made a mandatory testing order, the mandatory testing order continues to have effect and the third party must comply with the order.
(2) However, section 22 does not apply until the Chief Health Officer determines the application for review.
(3) If the Chief Health Officer sets aside a decision by a senior officer to make a mandatory testing order, the third party’s blood test results are not to be provided to the medical practitioner authorised by the worker as otherwise required under section 22(1)(a).
25
Determination of application for review by Chief Health Officer
25 Determination of application for review by Chief Health Officer
25 Determination of application for review by Chief Health Officer
(1) The Chief Health Officer must determine an application for review within 3 business days after receiving the application by—
(a) affirming the decision, or
(b) setting aside the decision.
(2) If the Chief Health Officer sets aside a decision by a senior officer to refuse an application for a mandatory testing order, the Chief Health Officer may—
(a) for a third party who appears to the Chief Health Officer to be a vulnerable third party—decide to apply to the Court for a mandatory testing order for the vulnerable third party, or
(b) for a third party who does not appear to the Chief Health Officer to be a vulnerable third party—make a mandatory testing order.
(3) In determining a review of a senior officer’s decision, the Chief Health Officer may require the senior officer to provide relevant material, including the material the senior officer relied on to make the decision.
(4) Before taking action under subsection (2)(a) or (b), the Chief Health Officer must—
(a) provide the third party, and, in the case of a third party who appears to the Chief Health Officer to be a vulnerable third party, the third party’s parent or guardian, if any, an opportunity to make submissions, and
(b) consider the submissions received.
(5) An application to the Court for a mandatory testing order by the Chief Health Officer must be made in writing.
(6) An application must include the following—
(a) a copy of the application for a mandatory testing order made by the worker,
(b) the blood-borne diseases for which the blood is to be tested,
(c) other information the Chief Health Officer considers relevant.
(7) An application is to be dealt with by the Court under Part 4.
26
Notice of determination of review by Chief Health Officer
26 Notice of determination of review by Chief Health Officer
26 Notice of determination of review by Chief Health Officer
As soon as practicable after determining a review, the Chief Health Officer must give written notice of the determination and the reasons for the determination to the following—
(a) the worker,
(b) the third party,
(c) if the third party is a vulnerable third party—the vulnerable third party’s parent or guardian, if any,
(d) the senior officer,
(e) the Ombudsman.
Part 8
Offences and proceedings
Part 8 Offences and proceedings
Part 8 Offences and proceedings
27
Failure to comply with mandatory testing order
27 Failure to comply with mandatory testing order
27 Failure to comply with mandatory testing order
(1) A third party in relation to whom a mandatory testing order is made must comply with the order.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
(2) It is a defence to a prosecution for an offence under this section if the third party proves that the third party had a reasonable excuse.
(3) If, at the time of being sentenced to imprisonment for an offence under this section, a third party is serving another sentence of imprisonment, the sentence for imprisonment for the offence under this section is to be served consecutively instead of concurrently with the other sentence of imprisonment, unless the court imposing the sentence otherwise directs.
28
False or misleading information
28 False or misleading information
28 False or misleading information
A worker or third party who gives information to a senior officer or other person exercising functions under this Act, knowing that the information is false or misleading in a material particular, is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
29
Disclosure of information
29 Disclosure of information
29 Disclosure of information
(1) A person must not disclose information obtained in connection with the administration or execution of this Act unless that disclosure is made—
(a) for health information—with the consent of the third party to whom the information relates, or
(b) for information that is not health information—with the consent of the person from whom the information was obtained, or
(c) in connection with the administration or execution of this Act or the Public Health Act 2010, or
(d) for the purposes of legal proceedings arising out of this Act or of a report of the proceedings, or
(e) in other circumstances prescribed by the regulations, or
(f) with other lawful excuse.
Maximum penalty—100 penalty units or imprisonment for 12 months, or both.
(2) Subsection (1)(e) and (f) do not authorise the disclosure of information that a third party—
(a) has been, is to be or is required to be tested for a relevant Category 5 condition, or
(b) has, or has had, a relevant Category 5 condition.
(3) In this section—
health information means information that a third party—
(a) has been, is to be or is required to be tested for a blood-borne disease, or
(b) has, or has had, a blood-borne disease.
relevant Category 5 condition means a Category 5 condition, within the meaning of Part 4 of the Public Health Act 2010, that is also a blood-borne disease.
Note—
On the commencement of this Act, HIV infection is the only Category 5 condition.
30
Proceedings for offences
30 Proceedings for offences
30 Proceedings for offences
Proceedings for an offence under this Act are to be dealt with summarily before the Local Court.
31
Evidence not admissible in proceedings against third party
31 Evidence not admissible in proceedings against third party
31 Evidence not admissible in proceedings against third party
(1) Evidence of the following is not admissible in proceedings against a third party—
(a) information given or documents produced for the purposes of an application for a mandatory testing order or the determination of the application,
(b) a third party’s blood test results under a mandatory testing order,
(c) a blood sample obtained from a third party under a mandatory testing order,
(d) information derived from a blood sample obtained from a third party under a mandatory testing order.
(2) This section does not apply to criminal proceedings against a third party for an offence under section 27 or 28.
(3) Evidence referred to in subsection (1) may not be used as a ground on which a search warrant may be issued under an Act or law.
(4) In this section—
third party includes a third party in relation to whom an application for a mandatory testing order was made and refused.
32
Personal liability and professional standards
32 Personal liability and professional standards
32 Personal liability and professional standards
(1) A person is not personally subject to civil liability for anything done—
(a) in good faith, and
(b) for the purpose of exercising functions under this Act.
(2) The civil liability instead attaches to the Crown.
(3) A person, including a police officer or correctional officer, is not personally subject to criminal liability for anything properly and necessarily done—
(a) in good faith, and
(b) for the purpose of taking blood, or helping another person to take blood, from a third party under a mandatory testing order.
(4) Subsection (3) applies only if the person believed on reasonable grounds that the taking of blood from the third party was authorised by a mandatory testing order.
(5) A person is not taken to have breached professional etiquette or ethics or departed from accepted standards of professional conduct for anything done—
(a) in good faith, and
(b) for the purpose of exercising functions under this Act.
(6) In this section—
civil liability includes action, claim or demand.
done includes omitted to be done.
Note—
This section does not provide protection for anything done maliciously or recklessly.
Part 9
Administration
Part 9 Administration
Part 9 Administration
33
Guidelines
33 Guidelines
33 Guidelines
(1) The Chief Health Officer is to issue guidelines to assist the following—
(a) senior officers exercising functions under this Act,
(b) relevant medical practitioners who may consult with workers for the purposes of section 9,
(c) persons taking blood from third parties under a mandatory testing order.
(2) Without limiting subsection (1), the guidelines may contain the following—
(a) information about how blood-borne diseases are transmitted and the minimisation of risks of infection and onward transmission,
(b) information about the prevention, diagnosis and treatment of blood-borne diseases,
(c) advice and information to be given to a third party providing blood under a mandatory testing order.
(3) Before issuing guidelines, the Chief Health Officer is to consult with the following—
(a) the Secretary,
(b) the Commissioner of Police,
(c) the Commissioner of Corrective Services,
(d) the Commissioner of Fire and Rescue NSW,
(e) the Commissioner of the State Emergency Service,
(f) the Commissioner of the NSW Rural Fire Service.
(4) The guidelines are to be made publicly available.
(5) Despite section 2, this Act does not have effect until guidelines are issued by the Chief Health Officer and made publicly available.
34
Costs
34 Costs
34 Costs
(1) Costs incurred under this Act in relation to an application for a mandatory testing order or the carrying out of a mandatory testing order are payable by the funding provider for the worker concerned, including the following—
(a) the cost to the worker of the consultation with a relevant medical practitioner under section 9,
(b) the reasonable travel costs and expenses incurred by the worker in attending the consultation,
(c) the cost to the third party of complying with the order,
(d) the reasonable travel costs and expenses incurred by the third party in complying with the order,
(e) the cost of testing a third party’s blood for blood-borne diseases in a pathology laboratory accredited by the National Association of Testing Authorities,
(f) other costs prescribed by the regulations.
(2) The regulations may make provision for and with respect to the payment of costs incurred under this Act in relation to applications for mandatory testing orders and the carrying out of mandatory testing orders.
35
Delegation
35 Delegation
35 Delegation
(1) A senior officer may, in accordance with the regulations, delegate a function of the senior officer under this Act, other than this power of delegation, to a person of a class prescribed by the regulations.
(2) The Chief Health Officer may delegate a function of the Chief Health Officer under this Act, other than this power of delegation, to a person of a class prescribed by the regulations.
Part 10
Miscellaneous
Part 10 Miscellaneous
Part 10 Miscellaneous
36
Oversight of Act by Ombudsman
36 Oversight of Act by Ombudsman
36 Oversight of Act by Ombudsman
(1) The Ombudsman is to monitor the operation and administration of this Act, including the exercise of functions conferred on persons or bodies under this Act.
(2) The Ombudsman is to prepare a report about the monitoring—
(a) as soon as practicable after 12 months after the commencement of this section, and
(b) every 3 years after the first report.
(3) The Ombudsman may require the following persons to provide information to the Ombudsman for the purposes of preparing the report—
(a) for information relating to an application for a mandatory testing order made by a worker who is a police officer or special constable—the Commissioner of Police,
(b) for information relating to an application for a mandatory testing order made by any other worker—the senior officer for the worker.
(4) Also, the Ombudsman may require a senior officer to provide demographic information about third parties subject to orders and applications for orders.
(5) A report is to be tabled in each House of Parliament as soon as practicable after the report is prepared.
37
Review of Act
37 Review of Act
37 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing the objectives.
(2) The review is to be undertaken as soon as possible after the first report by the Ombudsman, as required under section 36(2)(a), is tabled in each House of Parliament.
(3) A report on the outcome of the review is to be tabled in each House of Parliament as soon as practicable after the review is undertaken.
38
Regulations
38 Regulations
38 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may—
(a) exclude a class of person from the definition of worker in the Dictionary, and
(b) make provision for or with respect to the practice and procedure for applications for, and the conduct of, reviews by the Chief Health Officer under Part 7.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Omit “is suffering from a mental illness or mental condition, or is cognitively impaired, within the meaning of the Mental Health (Forensic Provisions) Act 1990, which” from paragraph (b) of the definition of vulnerable third party.
This Act is the Mandatory Disease Testing Act 2021.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
3 Objects of Act
3 Objects of Act
The objects of this Act are—
(a) to provide for mandatory blood testing of a person in circumstances where—
(i) a health, emergency or public sector worker to whom this Act applies comes into contact with the person’s bodily fluid as a result of the person’s deliberate action, and
(ii) the worker is at risk of contracting a blood-borne disease as a result of the person’s deliberate action, and
(b) to encourage health, emergency and public sector workers to whom this Act applies to seek medical advice and information about the risks of contracting a blood-borne disease while at work, and
(c) to protect and promote the health and wellbeing of health, emergency and public sector workers to whom this Act applies.
4 Definitions
4 Definitions
4 Definitions
The Dictionary defines words used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
5 Meaning of “mandatory testing order”
5 Meaning of “mandatory testing order”
5 Meaning of “mandatory testing order”
(1) In this Act, a mandatory testing order means an order that—
(a) requires the third party in relation to whom the order is made to—
(i) attend the place specified in the order as soon as practicable but no later than 2 business days after being served with the order, and
Decision‑makers and timelines: a senior officer determines applications (with a statutory 3 business day decision window unless longer is necessary) (s 11(2)). If the third party appears to be a vulnerable third party, the senior officer must either apply to the Court or refuse; if not vulnerable, the senior officer may make the mandatory testing order or refuse (s 11(1)). The Chief Health Officer (CHO) and the Court also have powers to make or review orders (s 5(2), Pt 4, Pt 7).
Limits and protections: where a vulnerable third party is involved the Court must be satisfied on the balance of probabilities that testing is justified in all the circumstances and must consider best interests and wishes (s 15(2)-(3)). A third party may apply to the CHO for review of a senior officer’s decision but an order remains effective while the review proceeds, with a temporary suspension of disclosure to the worker’s authorised practitioner until the CHO determines (s 23-25).
Carrying out tests and results: a person of a class approved by the Health Secretary may take blood even without consent, but must be presented with the order, follow professional standards and not use force beyond that ordinarily required to take blood (s 20). Tests must be done in a pathology lab accredited by the National Association of Testing Authorities (s 20(3)). Test results must be provided to the medical practitioner authorised by the worker, the medical practitioner authorised by the third party where applicable, or to the CHO if the third party does not authorise a practitioner (s 22).
Enforcement and offences: failure to comply with an order, disclosure of protected information improperly, and providing false or misleading information are offences, each carrying a maximum penalty of 100 penalty units or imprisonment for 12 months, or both (s 27-29). Proceedings are to be dealt with summarily in the Local Court (s 30). Evidence generated under this regime is, with limited exceptions, inadmissible in proceedings against the third party (s 31).
Administration, oversight and costs: the CHO must issue guidelines (and the Act has no effect until guidelines are issued and published) (s 33(1), (4)-(5)). The funding provider for the worker bears a range of costs arising under the Act, including consultation and testing costs (s 34). The Ombudsman monitors operation and must report (s 36).
The Act therefore creates a time‑sensitive administrative pathway for workers to seek compulsory blood testing of persons who deliberately exposed them to bodily fluid at work, with a parallel Court pathway for vulnerable people, prescribed safeguards on testing, reporting lines for results, criminal penalties for non‑compliance and administrative oversight by the CHO and the Ombudsman.
Main concepts
The Act builds on a small set of recurring statutory concepts; the Dictionary is expressly relied on for definitions (s 4). The principal concepts to track, and their operational implications under the text, are:
Mandatory testing order: defined as an order requiring the third party to attend a specified place within 2 business days of service to provide blood for testing and authorising testing for the diseases specified (s 5(1)(a)-(b)). The power to make such an order is expressly conferred on a senior officer (Part 3), the Court (Part 4) and the Chief Health Officer (Part 7) (s 5(2)). The content requirements for the order are detailed in s 18.
Worker and third party: the Act repeatedly refers to a worker applying for an order and a third party in relation to whom the order may be made. The class of persons who qualify as workers (health, emergency and public sector workers to whom the Act applies) is central to the scope of the scheme; the regulations may exclude classes of person from the definition of worker (s 38(2)(a)). The Act excludes children under 14 from being the subject of an application (s 8(2)).
Deliberate action and lack of consent: the statutory trigger requires that the contact with bodily fluid occurred “as a result of a deliberate action of the third party” and “without the consent of the worker” (s 8(1)(b)(ii)-(iii)). The requirement that the worker state that, in their opinion, the contact was deliberate appears as an element of the written application (s 10(1)(e)).
Vulnerable third party: where the senior officer considers the third party to be vulnerable, the internal path is different: the senior officer must either apply to the Court or refuse, and the Court when asked must have regard to the best interests of the third party and their wishes (s 11(1)(a), s 15(3)(a)-(b)). The Dictionary provides the full definition, and Schedule 2 amends the Dictionary’s wording to align with the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (sch.2‑sec‑oc.2).
Relevant medical practitioner and medical advice: the worker must consult a relevant medical practitioner within tight time limits and include practitioner details and written advice in the application if available (s 9, s 10(1)(g)-(h)). The medical practitioner’s role is informational: they must explain risks, mitigation and the utility of testing (s 9(3)).
Approved classes and accredited testing: the person who takes blood must be of a class approved by the Health Secretary for the Act’s purposes and adhere to professional standards; the sample must be tested in a pathology laboratory accredited by the National Association of Testing Authorities for that purpose (s 20(1)-(3)).
Confidentiality and disclosure: the Act tightly restricts disclosure of information obtained in connection with administration of the Act, distinguishing health information from non‑health information and providing exceptions for CHO involvement, legal proceedings, consent, or prescribed circumstances (s 29(1)). Subsection (2) forbids disclosure that a third party has been, is to be or is required to be tested for a relevant Category 5 condition (notably HIV on commencement).
Administrative review and judicial oversight: senior officers are the primary gatekeepers (Pt 3), the CHO provides review and can make orders (Pt 7), and the Court has a statutory role for vulnerable third parties (Pt 4). Timelines for internal review and review decisions are short (s 11(2), s 25(1)).
Protections for officials: civil and criminal liability protections attach to persons acting in good faith to exercise functions under the Act; liability is instead to be borne by the Crown for civil liability (s 32(1)-(4)). The protection does not extend to malicious or reckless acts (note to s 32).
Those concepts create a framework combining administrative discretion (senior officers), clinical input (medical practitioners and CHO guidelines), judicial prudential review (Court for vulnerable persons), and criminal enforcement for non‑compliance and disclosure breaches.
Who it affects
The Act designates multiple groups that will be affected in discrete ways; the core affected populations and bodies are the following:
Workers to whom the Act applies: described in the objects (health, emergency and public sector workers) and repeatedly as applicants for orders (s 3, s 8). The Act imposes duties on these workers (consult a relevant medical practitioner, lodge the application in time and provide specified information, s 9, s 8(3), s 10) and gives them a procedural right to apply to the CHO to review a refusal by a senior officer (s 23(1)-(2)). The Act also creates an entitlement for workers to receive test results via a medical practitioner they authorise (s 10(1)(i), s 18(1)(d), s 22(1)(a)).
Third parties: persons whose blood may be tested. They are subject to mandatory orders if the statutory requirements are met; they must comply with an order (s 27(1)), are entitled to be provided with notice of determinations (s 13(1)(b)), may make submissions to senior officers and the CHO and, where they are vulnerable, have the matter determined by the Court with specific regard to their best interests and wishes (s 11(3)-(4), s 15(3)). Third parties under 14 cannot be the subject of an application (s 8(2)), and the phrase “vulnerable third party” invokes additional protective processes (Part 4). Third parties are also the subject of confidentiality protections under s 29.
Senior officers and employers/funding providers: senior officers determine applications and have timelines and procedural duties (s 11(2)-(5), s 13). The Act explicitly places costs incurred under the Act on the worker’s funding provider, including consultation, testing, travel and other prescribed costs (s 34(1)). The regulations may also permit delegations from senior officers (s 35(1)), and the definition of worker may be varied by regulation (s 38(2)(a)).
Chief Health Officer (CHO): the CHO has multiple roles,may make or review orders, receives notifications of Court applications, may make submissions to the Court, issues guidelines that must be in place before the Act operates (s 5(2)(c), s 14(3), s 23, s 25, s 33(4)-(5)), and is a recipient of test results if the third party does not authorise a medical practitioner (s 22(1)(c)). The CHO also participates in the review and consultation processes before issuing guidelines (s 33(3)).
Medical practitioners and pathology labs: medical practitioners must provide the specified consultation and may act as authorised recipients of results; pathology laboratories must be NATA‑accredited for the tests and must provide results to the authorised practitioners or the CHO (s 9(3), s 20(3), s 22(1)). The labs may destroy samples when no longer required (s 22(2)).
Law enforcement and corrections personnel: police officers and correctional officers may transport detained third parties and assist in taking blood; they may use reasonable force for those functions and to prevent loss, destruction or contamination of a sample (s 21(1)-(2)). The Act also contains an express restriction that blood taken under the Act must not be used by NSW Police for purposes not authorised under the Act (s 7).
Courts and registrars: the Local Court and Children’s Court have defined jurisdictional and procedural roles for matters involving vulnerable third parties (s 16). Registrars have responsibilities for serving copies of Court‑made orders (s 19).
Oversight and accountability bodies: the Ombudsman is given monitoring and reporting functions and may compel information from specified officials (s 36). The Minister must review the Act after the first Ombudsman report (s 37).
The Crown: civil liability for acts done in good faith under the Act attaches to the Crown rather than to individuals (s 32(2)), which affects insurers, employers and public liability arrangements.
Taken together, the Act imposes duties on frontline workers to seek medical advice and to document incidents, transfers cost obligations to funding providers, creates operational tasks for senior officers and health officials, assigns duties to pathology providers, and grants police and correctional services targeted powers to assist with detained persons. The rights and remedies available to third parties include procedural participation, review by the CHO, and judicial consideration where vulnerability is raised.
Key duties and rights
The Act creates a mix of duties for public officials, medical practitioners, laboratories and workers, and rights for third parties, workers and oversight bodies. Below are the main duties and rights with their statutory anchors and practical implications.
Duties
Worker duties: consult a relevant medical practitioner promptly after the contact, as soon as reasonably practicable but no later than 24 hours, or up to 72 hours if reasonable (s 9(1)-(2)); make the application in writing to the senior officer within 5 business days (s 8(3)-(4)); provide the specified content in the application including an authorisation for the senior officer to discuss the medical consultation and obtain records where necessary (s 10(1), s 10(2)). The worker must also authorise a medical practitioner to receive test results on their behalf (s 10(1)(i), s 18(1)(d)).
Senior officer duties: determine the application within 3 business days after receipt unless more time is necessary, and follow additional process if the third party appears to be vulnerable (s 11(2)-(4)); before determining, the senior officer must seek third party consent to voluntary testing if not vulnerable and provide opportunities for submissions (s 11(4)); give written notice of determinations and reasons to the worker, third party, parent/guardian if vulnerable and the Ombudsman as soon as practicable (s 13(1)).
CHO duties: issue guidelines to assist senior officers, relevant medical practitioners and persons taking blood (s 33(1)); consult specified agencies before issuing guidelines (s 33(3)); make guidelines publicly available (s 33(4)); determine reviews within 3 business days (s 25(1)) and provide notice of determinations (s 26).
Pathology laboratory duties: test samples in a NATA‑accredited laboratory and as soon as reasonably practicable provide results to the authorised medical practitioner for the worker, the authorised medical practitioner for the third party (if any), or the CHO if no practitioner is authorised (s 20(3), s 22(1)).
Law enforcement/correctional duties: where the third party is detained, police and correctional officers may transport and assist in taking blood and may use reasonable force to exercise those functions and to prevent loss or contamination of a sample (s 21(1)-(2)).
Confidentiality duties: persons must not disclose information obtained under the Act except in strictly enumerated circumstances,consent, administration or execution of the Act or Public Health Act, legal proceedings, as prescribed by regulations, or other lawful excuse (s 29(1)). Subsection (2) makes specific categories (relevant Category 5 conditions) non‑disclosable even where other exceptions might otherwise apply.
Rights
Third party procedural rights: the third party is entitled to be given an opportunity to make submissions to a senior officer when the senior officer is considering the application, and the third party (and, if applicable, parent/guardian) must be given notice of determinations (s 11(3)-(4), s 13(1)(b)-(c)).
Vulnerable third party protections: when vulnerability is identified the Court must be used and, in making an order, the Court must be satisfied that testing is justified on the balance of probabilities and must consider the best interests and wishes of the third party (s 11(6), s 15(2)-(3)).
Review rights: workers and third parties may apply to the CHO for review of a senior officer’s decision (s 23(1), (3)), with short time limits (within 1 business day of notification) (s 23(2), (4)); an application by a third party does not suspend the order but suspends disclosure of test results to the worker’s authorised practitioner until the CHO determines (s 24).
Defences and protections: a third party charged with failure to comply has a statutory defence if they can prove a reasonable excuse (s 27(2)). Individuals acting in good faith under the Act are protected from personal civil liability (s 32(1)-(2)) and, in some cases, from criminal liability when properly and necessarily taking blood or assisting to do so, provided they believed on reasonable grounds the taking was authorised (s 32(3)-(4)).
Privacy-related rights: health information is protected and disclosure is tightly constrained (s 29), and evidence created in connection with applications and tests is generally inadmissible in proceedings against the third party (s 31(1)), which operates as an evidentiary protection for the tested person.
Operational consequences of these duties and rights include strict timeframes for consultation and applications, the requirement that senior officers consider CHO guidelines and reports, and the practical obligation on funding providers to meet costs (s 34). The CHO’s central role in setting guidelines and in reviews means clinical and public health judgment will inform administration across the scheme (s 33, s 25).
Penalties and enforcement
The Act combines criminal penalties, administrative enforcement mechanisms and enabling powers for law enforcement and corrections to ensure compliance. The enforcement architecture and penalties are as follows:
Failure to comply with a mandatory testing order (s 27): a third party who fails to comply commits an offence carrying a maximum penalty of 100 penalty units or imprisonment for 12 months, or both. The Act provides a defence if the third party proves they had a reasonable excuse (s 27(2)). The Act also specifies that if a person is serving another sentence at the time of being sentenced for an offence under this section, the sentence for the offence is to be served consecutively rather than concurrently unless otherwise directed by the sentencing court (s 27(3)). The Schedule 2 amendment to the Crimes (Sentencing Procedure) Act excludes this Act from the ordinary limits on consecutive sentences imposed by the Local Court (sch.2‑sec Section 58).
False or misleading information (s 28): a worker or third party who knowingly gives false or misleading information to a senior officer or other person exercising functions under the Act is guilty of an offence with the same maximum penalty as s 27 (100 penalty units or 12 months imprisonment, or both).
Improper disclosure (s 29): unauthorised disclosure of information obtained in connection with administration or execution of the Act is an offence carrying the same maximum penalty (s 29(1)-(2)). The section sets out narrow exceptions where disclosure is permitted (consent, administration/execution of this Act or the Public Health Act 2010, legal proceedings, prescribed circumstances, or other lawful excuse). Subsection (2) further tightens disclosure: it does not authorise disclosure that a third party has been/is to be/required to be tested for a relevant Category 5 condition or that the third party has or has had such a condition.
Summary proceedings and jurisdiction (s 30, s 16): proceedings for offences under the Act are to be dealt with summarily before the Local Court (s 30). Where vulnerable third parties are involved, the Children’s Court procedures and certain provisions of the Local Court Act apply to proceedings under Part 4 (s 16).
Evidence limitations (s 31): information and materials produced for applications or produced during tests under the Act,such as documents given in connection with applications, the third party’s blood test results, the blood sample, or information derived from it,are not admissible in proceedings against the third party (s 31(1)). The provision carves out the exceptions of criminal proceedings for offences under s 27 or 28 (s 31(2)) and also provides that such evidence cannot be the basis for issuing a search warrant (s 31(3)). That limits the use of the Act’s outputs as investigative tools against the third party in other proceedings.
Law enforcement and corrections powers with limits (s 21): police and correctional officers may transport detained third parties, assist in taking blood and use reasonable force for those functions and to prevent loss or contamination of samples (s 21(1)-(2)). The content of an order must notify detained third parties that reasonable force may be used to secure compliance (s 18(1)(f)). At the same time, the Act restricts police use of samples: blood taken under a mandatory testing order must not be used by a member of the NSW Police Force for a purpose not authorised under the Act (s 7).
Immunities (s 32): persons acting in good faith for the purposes of exercising functions under the Act are not personally liable in civil proceedings, with civil liability attaching to the Crown instead, and persons properly and necessarily taking blood (or assisting) are not criminally liable provided they acted in good faith and believed on reasonable grounds the taking was authorised (s 32(1)-(4)). The note emphasises that the section does not protect malicious or reckless conduct.
Administrative enforcement: senior officers must serve orders personally within specified timeframes (s 19), and the CHO may review senior officer decisions and take action including making orders or applying to the Court (s 25(2)). The Ombudsman has monitoring powers and may require information from officials (s 36).
Penalties are substantial for individuals who refuse testing, disclose protected information, or provide false information. The Act balances criminal enforcement with procedural safeguards (review rights, judicial consideration for vulnerable persons, confidentiality and admissibility protections). Practical enforcement relies on senior officers, registrars for service, NATA‑accredited pathology providers for testing, and law enforcement for detained persons; immunities for officials are conditioned on good faith and reasonable belief in authorisation.
How it interacts with other laws
The Act is drafted to operate alongside and reference several existing statutory regimes; it creates explicit interactions and constraints with other legislation:
Public Health Act 2010: the Act conditions certain regulatory changes on the concurrence of the Minister administering the Public Health Act (s 6) and explicitly cross‑refers to the Public Health Act when limiting disclosure under s 29(1)(c). The Act also uses the Public Health Act’s Part 4 Category 5 condition framework for defining “relevant Category 5 condition” in s 29(3), with a note that HIV infection is the only Category 5 condition on commencement. The CHO’s role, the confidentiality constraints regarding Category 5 conditions, and the public health interface indicate the Act is intended to work in tandem with public health reporting and management frameworks.
Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA): the Act provides that the period during which blood is being taken under a mandatory testing order is not to be included in the investigation period under s 115 of LEPRA for the third party (s 20(4)). This creates a temporal interaction to avoid counting the time taken to collect blood towards statutory investigation time limits.
Local Court Act 2007 and Children’s Court framework: Part 4 proceedings are expressly linked to the Local Court Act,Local Court Part 4 applies to proceedings under Part 4 (s 16(1)) and s 70 of the Local Court Act does not apply to a mandatory testing order made by the Local Court (s 16(2)). Applications concerning persons under 18 are to be dealt with by the Children’s Court and the Act imports specified Children’s Court criminal proceeding provisions for those applications (s 16(3)-(4)). The regulations may further specify procedural matters (s 16(5)).
Crimes (Sentencing Procedure) Act 1999: Schedule 2 inserts a provision into section 58 exempting sentences for offences against this Act from the ordinary limitation on consecutive sentences imposed by the Local Court (sch.2‑sec Section 58). That produces a sentencing interaction whereby sentencing courts have express statutory authority for consecutive sentences in respect of new offences under this Act.
Mental health and forensic legislation: Schedule 2 amends the Dictionary’s definition of “vulnerable third party” to update terminology consistent with the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (sch.2‑sec‑oc.2). That aligns vulnerability assessments with contemporary forensic mental health terminology.
Evidence and search powers: s 31 creates an evidentiary rule that evidence obtained in connection with applications and testing under this Act cannot be admitted in proceedings against the third party and cannot be used as grounds for issuing a search warrant under another Act or law (s 31(3)). This interacts with general evidence and criminal procedure law, limiting the spillover of materials obtained under the Act into criminal investigations against the tested person.
Administrative law and Crown liability: s 32 shifts civil liability for good faith acts under the Act to the Crown, with personal immunity for individuals acting in good faith and within the scope of the Act. That affects civil remedies and insurance arrangements for personnel implementing the scheme.
Accreditation and pathology standards: the requirement that testing occur in a National Association of Testing Authorities‑accredited pathology laboratory specifies an industry standard rather than creating new testing standards in the Act (s 20(3)). That anchors the testing function to existing accreditation frameworks.
Regulations and concurrence: the Governor may make regulations for matters necessary to carry out the Act (s 38(1)), but the Minister administering the Public Health Act must concur before the Minister may recommend regulations affecting certain definitions and procedural matters (s 6). The regulations can exclude classes of persons from the definition of “worker” (s 38(2)(a)) and make provision for practice and procedure for CHO reviews (s 38(2)(b)).
The Act therefore creates a networked statutory operation: it relies on public health classification and Ministerial concurrence, uses Court and Children’s Court procedures, aligns vulnerability definitions with forensic mental health law, and constrains evidentiary spillovers into criminal process. Practitioners must consider these cross‑links when handling disclosure, evidence, sentencing, review routes and procedural timelines.
Amendment history
The textual materials supplied include embedded amendments effected through Schedule 2 to other Acts; the Act itself contains internal provisions permitting regulations and future amendment through the Governor in Council. The particulars evident from the text are:
Schedule 2 amends other legislation to accommodate the new Act’s operation. The Schedule inserts an exception into the Crimes (Sentencing Procedure) Act 1999 that section 58 (limitation on consecutive sentences imposed by the Local Court) does not apply if the new sentence relates to an offence against this Act (sch.2‑sec Section 58). That change affects sentencing practice for offences created by the Act.
Schedule 2 updates the Dictionary definition of “vulnerable third party” by substituting an older mental illness/cognitive impairment reference with a definition aligned to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020,specifically, replacing “is suffering from a mental illness or mental condition, or is cognitively impaired, within the meaning of the Mental Health (Forensic Provisions) Act 1990” with “has a mental health impairment or cognitive impairment, within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020” (sch.2‑sec‑oc.2). That aligns the Act with contemporary forensic mental health terminology.
Schedule 2 also amends section 56 (Protection of patient’s identity) by inserting an additional paragraph to the list of permitted disclosures, namely “in accordance with the Mandatory Disease Testing Act 2021” (sch.2‑sec‑oc.3). This creates an express cross‑reference in privacy protections.
Commencement is by proclamation (s 2). Additionally, the Act contains an operational trigger that the Act does not have effect until the CHO issues and publishes guidelines (s 33(5)). That effectively creates an implementation step beyond formal proclamation.
Regulations: the Act anticipates further regulatory detail will be provided,on practice and procedure for CHO reviews, classes of persons who are workers, forms for orders, classes for delegation, and other matters (s 18(2), s 34(2), s 35, s 38). Section 6 requires concurrence from the Minister administering the Public Health Act for regulations dealing with certain prescribed matters (the definitions of blood-borne disease and bodily fluid in the Dictionary, and specified regulation-making powers).
No other amendment chronology is recorded in the supplied text. The Schedule shows the legislature intended immediate interlocking changes to sentencing and definitional frameworks concurrent with the Act’s enactment. Practitioners reviewing the Act’s life cycle should monitor the regulations and CHO guidelines, which are statutory prerequisites to the Act’s operation (s 33(5)), and the Ombudsman’s first monitoring report, which triggers a Ministerial review of the Act (s 36(2), s 37).
Litigation history
The Act text supplied contains no references to judicial decisions, reported cases or litigation history. It does, however, create multiple routes by which disputes could be litigated or judicially considered, and it contains provisions likely to shape how litigation would proceed if the Act is invoked:
Court involvement for vulnerable persons: Part 4 creates an express role for the Court (Local Court and Children’s Court as applicable) to make mandatory testing orders for vulnerable third parties, with the Court required to be satisfied on the balance of probabilities that testing is justified in all circumstances and to have regard to the best interests and wishes of the third party and submissions from the CHO (s 15). The Court’s discretion and the statutory factors it must consider make this a potential locus for contested hearings where the third party challenges the senior officer’s characterization of vulnerability or the justification for testing.
Evidentiary limits that shape prosecutions: s 31 excludes evidence generated under the Act from admission in proceedings against the third party, except for offences under ss 27 and 28. That statutory rule will be material to any criminal or civil proceedings that might otherwise attempt to rely on materials collected under the Act, and it could generate litigation as to the scope of what constitutes “information given or documents produced for the purposes of an application” or what is “derived from” a sample.
Review channels and administrative law: workers and third parties may apply to the CHO for review of senior officer decisions (s 23, s 25). The Act sets short timeframes for review and requires the CHO to give notice of determinations and reasons (s 25(1), s 26). Administrative law challenges could arise from actions or omissions by senior officers or the CHO, especially regarding procedural fairness, the adequacy of reasons, or the application of the statutory “justified in all the circumstances” test.
Sentencing and criminal procedure effects: Schedule 2’s amendment to section 58 of the Crimes (Sentencing Procedure) Act (sch.2‑sec Section 58) removes the Local Court’s ordinary limit on consecutive sentences for offences against this Act. If prosecutions occur, the sentencing outcomes and the statutory exclusion may inform defence strategies and appeal points.
Privacy and disclosure litigation: s 29’s strict confidentiality rules and its exceptions (and the special rule for Category 5 conditions) could be the subject of litigation regarding whether particular disclosures were authorised, and whether damage or contempt has occurred as a consequence of disclosure.
Administrative oversight: the Ombudsman’s monitoring and reporting role (s 36) may generate oversight findings that precipitate litigation or administrative reforms, and the Ministerial review after the Ombudsman’s first report (s 37) may be responsive to litigation risk and practice issues identified after operationalisation.
Because the statutory text creates these procedural and evidentiary rules, any future litigation will be shaped by the Act’s internal constraints (evidentiary exclusions, confidentiality rules, delegated decision‑making to senior officers and CHO review processes). Practitioners should be alert that the Act frames the admissibility and use of materials collected under it and that vulnerability determinations funnel cases to different adjudicative forums, which in turn will shape any litigation record.
Gotchas
The Act contains a number of features that practitioners and administrators should not treat as obvious; these are concrete operational risks, constraints and potential unintended frictions grounded in the text.
The Act does not commence until CHO guidelines are issued and published (s 33(5)). Although the Act is capable of proclamation (s 2), its operative effect is deferred until guidelines exist. Relying parties must not assume immediate enforceability on assent or proclamation alone.
Short, strict timeframes: workers must consult a relevant medical practitioner within 24 hours (extendable to 72 hours only if reasonable), and must apply to the senior officer within 5 business days of the contact (s 9(1)-(2), s 8(4)); senior officers must determine applications within 3 business days unless longer is necessary (s 11(2)). Reviews to the CHO must be applied for within 1 business day of notification of the senior officer’s decision (s 23(2), (4)), and the CHO must determine within 3 business days (s 25(1)). These compressed timeframes create operational pressure and may be difficult to meet in remote or resource‑constrained settings.
The Act’s operational definitions matter but are not contained in the supplied text: key terms (worker, vulnerable third party, relevant medical practitioner, funding provider, bodily fluid, blood‑borne disease) are defined in the Dictionary referred to in s 4. Schedule 2 amends the vulnerable third party wording (sch.2‑sec‑oc.2), and s 6 requires Ministerial concurrence to change certain definitions by regulation. Practitioners should consult the Dictionary and any regulations to understand scope precisely before acting.
Costs borne by the funding provider: s 34(1) places an express duty on the funding provider for costs incurred under the Act,consultation, travel, testing and other costs prescribed by regulation. However, the Act does not define “funding provider” in the supplied text; absent clarity in the Dictionary or regulations, disputes could arise about who is the funding provider and whether costs are recoverable or chargeable to insurers or agencies.
Evidence and investigation limits: materials created for the purpose of applications and tests are inadmissible in proceedings against the third party and cannot be used as grounds for issuing search warrants (s 31(1), (3)). That reduces the ability to use samples or test results as investigative leverage against the third party and may be surprising to police or investigators if they assume evidence will be available for broader use.
Disclosure traps: s 29 constrains disclosure strongly and carveouts are narrow. Subsection (2) provides that certain disclosures relating to Category 5 conditions are not authorised even under permitted exceptions. Practitioners must be careful when handling communications about testing, especially where HIV or other Category 5 conditions are involved, and must document consents carefully.
Tension between police limitations and police functions: s 7 states blood taken under a mandatory testing order must not be used by NSW Police for a purpose not authorised under the Act, while s 21 allows police to transport detained third parties, assist taking blood and use reasonable force. There is a potential operational tension where police are assisting with detained persons but are then restricted in how they may use the samples. Agencies will need clear protocols to reconcile those provisions.
Use of force constraints: while a mandatory testing order for a detained third party may state that reasonable force can be used to ensure compliance (s 18(1)(f)), s 20(2)(c) prohibits the person taking blood from using force other than that ordinarily required to take blood. There is room for contest about what amounts to “ordinary” force to take blood versus “reasonable” force by law enforcement to secure compliance; clarity in guidelines and training will be essential.
The CHO’s power to receive results: if the third party does not authorise a medical practitioner to receive results, the pathology lab must provide results to the CHO (s 22(1)(c)). That creates an avenue for public health disclosure that may have consequences for the third party, and the Act gives the CHO discretion to apply to Court or to make orders under review (s 25(2)).
Immunity limited to good faith and reasonable grounds: personal civil and criminal immunity in s 32 applies only when the actor acted in good faith and, in the case of criminal immunity for taking blood, believed on reasonable grounds the taking was authorised. Malicious or reckless conduct is excluded. Documentation of decision‑making and authorisation will be important to sustain the protection.
Service requirements and restriction on who may serve: orders made by senior officers must be personally served on the third party within 5 business days (s 19(1)). The Act prohibits service by the worker or any person who was present at the incident (s 19(4)), which may create logistical issues in locating a neutral process server quickly.
Interaction with Children’s Court and Local Court procedures: for third parties under 18, the Children’s Court handles applications (s 16(3)), and certain local court rules do not apply (s 16(2)), which will affect procedure and practice. Practitioners should not assume standard Local Court criminal process or sentencing dogsma applies in these cases.
These “gotchas” point to the necessity of ready access to the Dictionary, CHO guidelines and any regulations, robust internal procedures for rapid medical consultation, clear cost allocation mechanisms, and protocols reconciling police assistance with evidentiary and disclosure limits.
How to comply
Complying with the Act requires coordinated operational steps for workers, employers/funding providers, senior officers, medical practitioners, pathology laboratories, police/corrections, CHO and records/communications teams. The following is a practical compliance checklist grounded in the statutory provisions.
For workers who have had an incident
Immediate medical consultation (s 9):
Seek a consultation with a relevant medical practitioner as soon as reasonably practicable and no later than 24 hours after the contact. If exceptional circumstances exist, the consultation window can extend to 72 hours but only where reasonable in the circumstances (s 9(1)-(2)).
Obtain written advice from the medical practitioner where possible and ensure the practitioner addresses the risk of contracting blood‑borne disease, risk mitigation, and the extent to which testing will assist risk assessment (s 9(3)).
Timely written application (s 8, s 10):
Prepare a written application to the worker’s senior officer within 5 business days of the contact (s 8(4)). The application must include:
Detailed description of the contact: date, time, place and circumstances (s 10(1)(a)).
Nature of contact with the third party’s bodily fluid (s 10(1)(b)).
Name/address of the third party if known (s 10(1)(c)).
Statements that the worker did not consent and that the contact was, in the worker’s opinion, deliberate (s 10(1)(d)-(e)).
Confirmation of the medical consultation and details of the practitioner and any written advice obtained (s 10(1)(f)-(h)).
Name and contact details of a medical practitioner authorised to receive test results on the worker’s behalf (s 10(1)(i)).
Provide consent in the application allowing the senior officer to discuss the medical consultation with the relevant medical practitioner and to obtain medical records if written advice is not included (s 10(2)).
Prepare for vulnerabilities: document any observations bearing on whether the third party appears vulnerable; if the senior officer considers the person vulnerable, the senior officer must apply to the Court (s 11(1)(a)).
For senior officers and employer/funding providers
Establish administrative pathways and timelines (s 11, s 13, s 19):
Implement administrative protocols to accept applications and to determine them within 3 business days unless longer is necessary (s 11(2)); set tracking mechanisms to ensure notices of determinations are provided to the worker, third party, parent/guardian where relevant, and the Ombudsman as soon as practicable with reasons (s 13(1)).
Implement safe procedures for personal service of orders within 5 business days of making a mandatory testing order (s 19(1)) and ensure registrars assist for Court‑made orders (s 19(2)-(3)). Ensure the worker or any person present at the incident do not personally serve the order (s 19(4)).
Engage medical and laboratory networks (s 20, s 22):
Maintain relationships with relevant medical practitioners to provide timely consultations and with NATA‑accredited pathology laboratories capable of testing for relevant blood‑borne diseases (s 20(3)). Ensure the person taking blood is of an approved class authorised by the Health Secretary (s 20(1)).
Cost and funding arrangements (s 34):
Funding providers must establish mechanisms for prompt payment of costs incurred under the Act, including consultations, travel and testing costs (s 34(1)). Agree internal processes to claim, record and reimburse these costs and ensure that regulatory or contractual definitions of “funding provider” are applied correctly.
Training and legal compliance:
Train staff about the offence provisions,non‑compliance, false information and unauthorised disclosure carry serious penalties (s 27-29),and implement documentation and decision‑logging to support good‑faith immunities (s 32).
For persons taking blood, pathology labs and medical practitioners
Person taking blood (s 20):
Ensure the person is of a class approved by the Health Secretary and is presented with the mandatory testing order before taking blood (s 20(1)-(2)(a)). Adhere to relevant professional standards and avoid force beyond that ordinarily required to take blood (s 20(2)(b)-(c)).
Pathology laboratories (s 20(3), s 22):
Ensure NATA accreditation covers the tests specified in the order. Establish secure reporting processes to provide results to the worker’s authorised medical practitioner, the third party’s authorised medical practitioner if any, or the CHO if none is authorised (s 22(1)). Put in place secure sample destruction protocols in accordance with s 22(2).
Medical practitioners (s 9, s 22):
Provide clear written advice to workers that addresses the statutory information requirements; be prepared to receive and securely manage test results and to convey results in a manner compliant with the Act’s confidentiality restrictions (s 9(3), s 22).
For law enforcement and corrective services
Detained third party protocols (s 21):
Adopt clear procedures for transporting detained third parties to testing locations, assisting persons taking blood, and using reasonable force only where lawful and proportionate. Ensure evidence handling prevents loss or contamination of samples (s 21(1)-(2)).
Witnessing and evidence caveats:
Recognise the statutory prohibition on police using blood samples for purposes not authorised under the Act (s 7). Implement chain‑of‑custody and data governance processes consistent with the confidentiality and admissibility rules (s 29, s 31).
For the Chief Health Officer and administrative oversight
Issue guidelines and consult (s 33):
Develop and publish detailed guidelines to cover senior officers’ decision‑making, the content of medical consultations, how to take blood, advice to third parties and practical operational guidance. Consult the required agencies (Secretary, Police Commissioner, Commissioners of Corrective Services, Fire and Rescue, SES, Rural Fire Service) before issuing (s 33(3)).
Review and notifications (s 23-26):
Establish CHO review procedures that can meet the statutory timelines (determine within 3 business days), provide fair opportunity for submissions, and issue written reasons and notifications to the relevant parties and the Ombudsman (s 25(1), s 26).
For records, privacy and communications teams
Confidentiality compliance (s 29):
Create policies and training on permissible disclosure routes; maintain secure storage of health information and logs of who has accessed it. Particular attention is needed for Category 5 conditions (s 29(2)).
Documentation for immunity and audit:
Maintain contemporaneous records showing decisions were made in good faith and on reasonable grounds to preserve personal immunity protections for staff under s 32.
For Ombudsman and Ministerial review preparedness
Reporting and data provision (s 36):
Be ready to provide the Ombudsman with information about applications, including demographic data on third parties and other required information. Expect monitoring reports as soon as practicable after 12 months and then every 3 years (s 36(2)-(4)).
Prepare for legislative review (s 37):
Be aware that the Minister must review the Act after the Ombudsman’s first report and table a review report in Parliament (s 37).
Finally, regulatory monitoring and updates: because the regulations may prescribe forms, classes of persons, delegation frameworks and cost items (s 18(2), s 35, s 38), agencies should maintain a process to update operational policies promptly when regulations and CHO guidelines are published. Regular interagency briefings, pre‑prepared consent forms and standardised application templates (aligned to s 10) will materially reduce the risk of non‑compliance given the Act’s short statutory timeframes.
(ii) provide the third party’s blood to be tested for blood-borne diseases, and
(b) authorises the third party’s blood to be tested for the blood-borne diseases specified in the order.
(2) A mandatory testing order may be made by—
(a) a senior officer for the worker concerned under Part 3, or
(b) the Court under Part 4, or
(c) the Chief Health Officer under Part 7.
6 Concurrence of Health Minister
6 Concurrence of Health Minister
6 Concurrence of Health Minister
The Minister is not to recommend the making of a regulation for the purposes of the following provisions without the concurrence of the Minister administering the Public Health Act 2010—
(a) section 29(1)(e),
(b) section 38(2)(b),
(c) the definitions of blood-borne disease and bodily fluid in the Dictionary.
7 Use of blood samples by NSW Police Force
7 Use of blood samples by NSW Police Force
7 Use of blood samples by NSW Police Force
To avoid doubt, blood taken from a third party under a mandatory testing order must not be used by a member of the NSW Police Force for a purpose that is not authorised under this Act.
Part 2 Applications for mandatory testing orders
Part 2 Applications for mandatory testing orders
Part 2 Applications for mandatory testing orders
8 Application for mandatory testing order
8 Application for mandatory testing order
8 Application for mandatory testing order
(1) A worker may apply for a mandatory testing order in relation to a person (the third party) if—
(a) the worker has come into contact with the bodily fluid of the third party, and
(b) the contact occurred—
(i) in the execution of the worker’s duty, and
(ii) as a result of a deliberate action of the third party, and
(iii) without the consent of the worker.
(2) An application may not be made if the third party is under the age of 14 years.
(3) An application may be made only if the worker has consulted a relevant medical practitioner in accordance with section 9.
(4) An application must be made to the worker’s senior officer within 5 business days after the contact.
9 Consultation with medical practitioner
9 Consultation with medical practitioner
9 Consultation with medical practitioner
(1) A worker who proposes to apply for a mandatory testing order must, as soon as reasonably practicable but no later than 24 hours after the contact occurred, consult a relevant medical practitioner in relation to the contact.
(2) Despite subsection (1), a worker may consult with a relevant medical practitioner up to 72 hours after the contact occurred if reasonable in the circumstances.
(3) During the consultation, the relevant medical practitioner must inform the worker about—
(a) the risk to the worker of contracting a blood-borne disease from the third party as a result of the contact, and
(b) the appropriate action to be taken by the worker to mitigate the risks of—
(i) contracting a blood-borne disease from the third party as a result of the contact, and
(ii) transmitting a contracted blood-borne disease to another person, and
(c) the extent to which testing the third party’s blood for blood-borne diseases will assist in assessing the risk to the worker of contracting a blood-borne disease.
10 Content of application for mandatory testing order
10 Content of application for mandatory testing order
10 Content of application for mandatory testing order
(1) An application for a mandatory testing order must be made in writing and contain the following—
(a) a detailed description of the contact, including the date, time, place and surrounding circumstances,
(b) the nature of the worker’s contact with the third party’s bodily fluid,
(c) the name and address of the third party, if known,
(d) a statement that the worker did not consent to the contact,
(e) a statement that, in the opinion of the worker, the contact with the third party’s bodily fluid was as a result of a deliberate action of the third party,
(f) a statement that the worker consulted a relevant medical practitioner as required under section 9,
(g) the name and contact details of the relevant medical practitioner,
(h) a copy of written advice received from the relevant medical practitioner, if any,
(i) the name and contact details of a medical practitioner authorised by the worker to receive, on the worker’s behalf, the results of the testing of the third party’s blood.
(2) An application must contain a statement that the worker consents to the senior officer, to the extent necessary for determining the application—
(a) discussing the consultation under section 9 with the relevant medical practitioner concerned, and
(b) obtaining the worker’s medical records that relate to the contact, if the application does not include a copy of written advice received from the relevant medical practitioner as referred to in subsection (1)(h).
(3) An application may also contain information about whether or not it appears to the worker that the third party is a vulnerable third party.
Part 3 Determination of applications for mandatory testing orders
Part 3 Determination of applications for mandatory testing orders
Part 3 Determination of applications for mandatory testing orders
11 Determination of application for mandatory testing order
11 Determination of application for mandatory testing order
11 Determination of application for mandatory testing order
(1) A senior officer is to determine an application for a mandatory testing order by—
(a) if it appears to the senior officer, on the information available, that the third party is a vulnerable third party—
(i) deciding to apply to the Court for a mandatory testing order, or
(ii) refusing the application, or
(b) if it does not appear to the senior officer, on the information available, that the third party is a vulnerable third party—
(i) making a mandatory testing order, or
(ii) refusing the application.
(2) The senior officer must determine an application within 3 business days after receiving the application, unless a longer period is necessary in the circumstances.
(3) Before determining an application under subsection (1)(a), the senior officer must—
(a) provide the third party and the third party’s parent or guardian, if any, with an opportunity to make submissions, and
(b) consider the submissions received.
(4) Before determining an application under subsection (1)(b), the senior officer must—
(a) seek the third party’s consent to voluntarily provide blood to be tested for blood-borne diseases, and
(b) provide the third party with an opportunity to make submissions and consider the submissions received.
(5) In determining an application, the senior officer is to consider—
(a) the guidelines issued by the Chief Health Officer under section 33, and
(b) other matters the senior officer considers relevant, including a report made in relation to the incident during which the contact occurred.
(6) The senior officer may decide to apply to the Court for a mandatory testing order for a vulnerable third party only if satisfied that testing the third party’s blood for blood-borne diseases is justified in all the circumstances.
(7) The senior officer may make a mandatory testing order for a third party only if satisfied that—
(a) the third party will not voluntarily provide blood to be tested for blood-borne diseases, and
(b) testing the third party’s blood for blood-borne diseases is justified in all the circumstances.
12 Refusal of application for mandatory testing order
12 Refusal of application for mandatory testing order
12 Refusal of application for mandatory testing order
(1) A senior officer may refuse an application for a mandatory testing order if, after making reasonable inquiries, the senior officer cannot locate the third party in relation to whom the application relates.
(2) A senior officer may refuse an application on other grounds the senior officer considers appropriate in the circumstances.
13 Notice of determination of application for mandatory testing order
13 Notice of determination of application for mandatory testing order
13 Notice of determination of application for mandatory testing order
(1) As soon as practicable after determining an application for a mandatory testing order, the senior officer must give written notice of the determination and the reasons for the determination to the following—
(a) the worker,
(b) the third party,
(c) if the application relates to a third party who appears to the senior officer to be a vulnerable third party—the third party’s parent or guardian, if any,
(d) the Ombudsman.
(2) The senior officer is not required to give written notice under subsection (1)(b) or (c) if the senior officer cannot locate the person.
Part 4 Mandatory testing orders for vulnerable third parties
Part 4 Mandatory testing orders for vulnerable third parties
Part 4 Mandatory testing orders for vulnerable third parties
14 Application to Court for mandatory testing order for vulnerable third party
14 Application to Court for mandatory testing order for vulnerable third party
14 Application to Court for mandatory testing order for vulnerable third party
(1) An application to the Court for a mandatory testing order for a third party who appears to the senior officer to be a vulnerable third party must be made in writing.
(2) The application must include the following—
(a) a copy of the application for a mandatory testing order made by the worker,
(b) the blood-borne diseases for which the vulnerable third party’s blood is to be tested,
(c) other information the senior officer considers relevant.
(3) As soon as practicable after making the application, the senior officer must notify the following—
(a) the worker,
(b) the third party and the third party’s parent or guardian, if any,
(c) the Chief Health Officer.
(4) The Chief Health Officer may make submissions to the Court in relation to an application for a mandatory testing order made by a senior officer.
15 Court may make mandatory testing order for vulnerable third party
15 Court may make mandatory testing order for vulnerable third party
15 Court may make mandatory testing order for vulnerable third party
(1) The Court may, on application by a senior officer or the Chief Health Officer, make a mandatory testing order for a third party who appears to the Court to be a vulnerable third party.
(2) The Court may make a mandatory testing order only if satisfied that, on the balance of probabilities, testing the third party’s blood for blood-borne diseases is justified in all the circumstances.
(3) In determining whether or not to make a mandatory testing order, the Court must take into account the following—
(a) the best interests of the third party,
(b) the wishes of the third party and the third party’s parent or guardian, if any,
(c) submissions made by the Chief Health Officer,
(d) other matters the Court considers relevant.
16 Jurisdiction of Local Court and Children’s Court
16 Jurisdiction of Local Court and Children’s Court
16 Jurisdiction of Local Court and Children’s Court
(1) Local Court Part 4 of the Local Court Act 2007 applies to proceedings in relation to an application to the Local Court for a mandatory testing order under this Part.
(2) Section 70 of the Local Court Act 2007 does not apply in relation to a mandatory testing order made by the Local Court.
(3) Children’s Court To avoid doubt, an application for a mandatory testing order for a third party who is under 18 years of age is to be made to, and dealt with by, the Children’s Court.
(4) Section 10 and Part 2, Division 3A of the Children (Criminal Proceedings) Act 1987 apply to proceedings in relation to an application for a mandatory testing order in the Children’s Court in the same way as they apply to criminal proceedings in the Children’s Court.
(5) The regulations may make provision about proceedings in the Children’s Court relating to applications for and the making of mandatory testing orders.
17 Court to continue to deal with application for mandatory testing order even if third party not vulnerable
17 Court to continue to deal with application for mandatory testing order even if third party not vulnerable
17 Court to continue to deal with application for mandatory testing order even if third party not vulnerable
If, during proceedings relating to an application to the Court for a mandatory testing order, it appears to the Court that the third party is not a vulnerable third party, the Court may continue to deal with the application as if the third party was a vulnerable third party.
Part 5 Content and service of mandatory testing orders
Part 5 Content and service of mandatory testing orders
Part 5 Content and service of mandatory testing orders
18 Content of mandatory testing order
18 Content of mandatory testing order
18 Content of mandatory testing order
(1) A mandatory testing order must be in writing and contain the following information—
This is an opening excerpt, not the complete document.