11Determination 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.