Mandatory Disease Testing Act 2021
15Court may make mandatory testing order for vulnerable third party
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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.