25Determination 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.