8Application 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.