10Content 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.