This regulation sets procedural rules under the Mandatory Disease Testing Act 2021: it prescribes the required content and form of mandatory testing orders, how submissions and reviews must be made, authorised disclosure of blood test results, who may be delegated powers, and specified classes of covered workers (including LECC staff). It names the Secretary as the funding provider for certain LECC workers (s9). Orders carry a criminal penalty and, for detained persons, reasonable force may be authorised (s4, Schedule 1).
This Regulation prescribes the form, content and some procedures for mandatory blood testing orders under the Mandatory Disease Testing Act 2021 (the Act), and specifies procedural details about submissions, disclosure of results, applications for review, delegations, and a discrete class of workers. It commences on 29 July 2022 (reg 2). The Regulation defines “the Act” for convenience (reg 3) and implements or operationalises specific Act provisions identified in the Regulation: primarily the content requirement for a mandatory testing order (linked to Act s 18), the form of the order (Schedule 1), submission modes to senior officers (reg 5), disclosure of blood test results where a worker authorises a medical practitioner (reg 6), documentary requirements for applications for review (reg 7), who may be delegated functions under the Act (reg 8), and the prescription of Law Enforcement Conduct Commission (LECC) personnel as a class of workers with specified senior officer and funding-provider arrangements (reg 9).
Mechanically the Regulation does the following:
Prescribes specific particulars that must appear in a mandatory testing order, including the medical practice contact details if the worker’s medical practitioner works at one, the third party’s date of birth if known, and, for orders made by a senior officer, an express statement about the third party’s right to apply for review and the one-business-day time limit to do so (reg 4(1)(a)-(c); reg 4(1)(c)(i)-(ii); reg 4(2); Schedule 1).
Prescribes the form of the mandatory testing order (Schedule 1) and sets the time by which the third party must provide blood: “as soon as practicable but no later than 2 business days after being served with this order” (Schedule 1).
Confirms permissible submission modes to senior officers: written or oral, including audio and audiovisual delivery (reg 5).
Current sections
Direct links to the current provisions in Mandatory Disease Testing Regulation 2022.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4
Content of mandatory testing order—the Act, s 18
4 Content of mandatory testing order—the Act, s 18
4 Content of mandatory testing order—the Act, s 18
(1) For the Act, section 18(1)(g), a mandatory testing order must include the following—
(a) the name and contact details of the medical practice, if any, at which the medical practitioner specified in the mandatory testing order works,
(b) the date of birth of the third party, if known,
(c) for a mandatory testing order made by a senior officer—a statement of the following—
(i) the third party may apply to the Chief Health Officer under the Act, section 23 for a review of the senior officer’s decision to make the mandatory testing order,
(ii) the application for a review must be made by the third party within 1 business day of the third party being notified of the senior officer’s decision.
(2) For the Act, section 18(2), the form for a mandatory testing order is prescribed in Schedule 1.
5
Submissions to senior officers—the Act, s 38(1)
5 Submissions to senior officers—the Act, s 38(1)
5 Submissions to senior officers—the Act, s 38(1)
Submissions made under the Act, sections 11(3)(a) and 11(4)(b) may be—
(a) written or oral, and
(b) given by audio or audio visual means.
6
Disclosure of blood test results—the Act, s 38(1)
6 Disclosure of blood test results—the Act, s 38(1)
6 Disclosure of blood test results—the Act, s 38(1)
To avoid doubt, a medical practitioner authorised by a worker to receive the third party’s blood test results on the worker’s behalf under the Act, section 22(1)(a) may disclose the blood test results to the worker.
7
Applications for review—the Act, s 38(2)(b)
7 Applications for review—the Act, s 38(2)(b)
7 Applications for review—the Act, s 38(2)(b)
(1) An application for review made by a worker under the Act, section 23(1) must include a copy of the senior officer’s determination and the reasons for the determination.
(2) An application for review made by a third party under the Act, section 23(3) must include the following—
(a) a copy of the mandatory testing order,
(b) a copy of the third party’s written submissions made to the senior officer under the Act, section 11(4)(b), if any.
8
Delegation—the Act, s 35
8 Delegation—the Act, s 35
8 Delegation—the Act, s 35
(1) For the Act, section 35(1), the class comprising the following persons is prescribed—
(a) NSW Health Service senior executives,
(b) Public Service senior executives employed in Corrective Services NSW,
(c) Public Service senior executives employed within the Ministry of Health,
(d) Public Service senior executives employed in Youth Justice NSW within the Department of Communities and Justice,
(e) the Sheriff.
(2) For the Act, section 35(2), the class comprising the following persons is prescribed—
(a) NSW Health Service senior executives,
(b) Public Service senior executives employed within the Ministry of Health.
[Name of third party] is required to attend [name and address of place] to provide blood as soon as practicable but no later than 2 business days after being served with this order.
Date of birth of third party
[Date of birth of third party].
Details of blood-borne diseases
The blood of [name of third party] must be tested for—
• *all blood-borne diseases, or
• *[specific blood-borne diseases].
*Delete whichever does not apply
Note—
Blood-borne disease is defined in the Mandatory Disease Testing Act 2021 to mean HIV infection, Hepatitis B, Hepatitis C or other blood-borne disease prescribed by the regulations under that Act.
Details of worker’s medical practitioner
[Name of worker] has authorised the following medical practitioner to receive the third party’s blood test results on the worker’s behalf—
Name of medical practitioner—
Telephone number—
Address—
Email address—
Name of medical practice at which the medical practitioner works—
Telephone number of medical practice—
Address of medical practice—
Email address of medical practice—
Note 1—
More than one medical practitioner at a medical practice can be listed.
Note 2—
Under the Mandatory Disease Testing Act 2021, section 22(1)(a), the third party’s blood test results will be provided to the medical practitioner authorised by the worker to receive the blood test results on the worker’s behalf.
Details of third party’s medical practitioner—if applicable
[Name of third party] has authorised the following medical practitioner to receive the third party’s blood test results on the third party’s behalf—
Name of medical practitioner—
Telephone number—
Address—
Email address—
Name of medical practice at which the medical practitioner works—
Telephone number of medical practice—
Address of medical practice—
Email address of medical practice—
Note—
More than one medical practitioner at a medical practice can be listed.
Notice to third party
It is an offence under the Mandatory Disease Testing Act 2021, section 27 to fail to comply with this order. The maximum penalty for the offence is imprisonment for 12 months or a fine of $11,000, or both.
A third party may apply to the Chief Health Officer under the Mandatory Disease Testing Act 2021, section 23 for a review of the senior officer’s decision to make this order. The application must be made within 1 business day of the third party being notified of the senior officer’s decision.
Notice to detained third party
If the third party is a detained third party, reasonable force may be used to ensure that the third party complies with this order.
This Regulation is the Mandatory Disease Testing Regulation 2022.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 29 July 2022.
3 Definition
3 Definition
3 Definition
In this Regulation—
the Act means the Mandatory Disease Testing Act 2021.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Content of mandatory testing order—the Act, s 18
4 Content of mandatory testing order—the Act, s 18
4 Content of mandatory testing order—the Act, s 18
(1) For the Act, section 18(1)(g), a mandatory testing order must include the following—
(a) the name and contact details of the medical practice, if any, at which the medical practitioner specified in the mandatory testing order works,
(b) the date of birth of the third party, if known,
(c) for a mandatory testing order made by a senior officer—a statement of the following—
(i) the third party may apply to the Chief Health Officer under the Act, section 23 for a review of the senior officer’s decision to make the mandatory testing order,
(ii) the application for a review must be made by the third party within 1 business day of the third party being notified of the senior officer’s decision.
(2) For the Act, section 18(2), the form for a mandatory testing order is prescribed in Schedule 1.
5 Submissions to senior officers—the Act, s 38(1)
5 Submissions to senior officers—the Act, s 38(1)
5 Submissions to senior officers—the Act, s 38(1)
Submissions made under the Act, sections 11(3)(a) and 11(4)(b) may be—
(a) written or oral, and
Clarifies that a medical practitioner authorised by a worker to receive a third party’s blood test results may in turn disclose those results to the worker (reg 6).
Requires that review applications by workers include the senior officer’s determination and reasons, and that third-party review applications include the order and any written submissions made to the senior officer (reg 7).
Prescribes classes of persons to whom functions may be delegated under the Act (reg 8), and prescribes LECC commissioners and staff as a class of workers; it also specifies who is the senior officer and the funding provider for LECC personnel (reg 9).
The Schedule’s form includes notices: the statutory offence reference and maximum penalties from the Act (17(27) as cited in the form), and a note that reasonable force may be used to secure compliance from a detained third party. The Regulation therefore takes statutory powers in the Act and fixes practical, time-bound procedural requirements and a standardised order form to be used in implementation.
Main concepts
The Regulation organises around a small number of operational concepts that give effect to parts of the Act. Each concept is prescribed or clarified in discrete provisions.
Mandatory testing order content and form
The Regulation prescribes mandatory content that must be in an order made under the Act (reg 4(1)). That prescription includes medical-practice contact details where relevant, the third party’s date of birth if known, and, for orders made by a senior officer, an explicit statement setting out the third party’s right and time limit to apply for a review (reg 4(1)(a)-(c); reg 4(1)(c)(i)-(ii)). The Regulation also prescribes the form to be used (reg 4(2); Schedule 1). The Schedule sets a return window for blood samples (as soon as practicable but no later than 2 business days after service), specifies whether tests are for all blood-borne diseases or particular ones (with deletion of the inapplicable option), and provides fields for worker and third-party medical practitioner details (Schedule 1).
Submission modes to senior officers
The Regulation allows submissions under the Act to senior officers (those made under Act ss 11(3)(a) and 11(4)(b) as referenced) to be written or oral, and to be provided by audio or audiovisual means (reg 5). That defines flexible modalities for engagement with decision-makers.
Disclosure of blood test results
It confirms that where a worker authorises a medical practitioner to receive the third party’s blood test results on the worker’s behalf, that medical practitioner may disclose the results to the worker (reg 6). This draws a line on permitted downstream disclosure by the authorised practitioner to the worker.
Applications for review documentary requirements
The Regulation requires that a worker’s application for review include a copy of the senior officer’s determination and the reasons (reg 7(1)). A third-party application for review must include a copy of the mandatory testing order and any written submissions the third party made to the senior officer (reg 7(2)(a)-(b)). The Regulation therefore tightens the documentary content required for review lodgement.
Delegation classes
The Regulation prescribes classes of persons for delegation under the Act (reg 8). Two prescribed classes are provided: one under reg 8(1) and another under reg 8(2), covering NSW Health Service senior executives, Public Service senior executives in named agencies, and the Sheriff, with definitions cross‑referenced to other Acts for meaning (reg 8(3)). This fixes who may be treated as a delegate for the Act’s purposes.
LECC workers
The Regulation prescribes a discrete class of workers: LECC Commissioners and LECC staff (reg 9(1)). It then specifies who is the senior officer and who is the funding provider for those persons: the Secretary is both senior officer and funding provider for a Commissioner of the LECC, and the Chief Commissioner of the LECC is the senior officer for a member of LECC staff while the Secretary is the funding provider for staff (reg 9(2)-(4)). This determines organisational lines for orders affecting those workers.
Statutory cross‑references and definitions
The Regulation repeatedly references particular Act sections that it supports or gives effect to: s 18 (content of order), s 22(1)(a) (provision of results to authorised medical practitioner), s 23 (review), s 27 (offence for failure to comply, cited in Schedule), s 35 (delegation), and s 38 (procedural matters). The Schedule also uses the Act’s definition of “blood-borne disease” (Schedule note). The Regulation therefore functions as a procedural and form-based adjunct to the Act’s substantive powers.
Who it affects
The Regulation identifies several clearly affected groups and decision-makers and establishes practical obligations and rights that fall on each.
Third parties subject to testing orders
Any person who is the recipient of a mandatory testing order under the Act is affected by the Schedule’s timing and content requirements. The Schedule requires the third party to attend to provide blood “as soon as practicable but no later than 2 business days after being served with this order” (Schedule 1). The third party must also be informed of the review right and the one-business-day application deadline when the order is made by a senior officer (reg 4(1)(c); Schedule 1). If the third party is detained (police custody or an inmate, as defined), the Schedule states that reasonable force may be used to ensure compliance.
Workers
The worker who is the person whose interests justify the testing order is central to the process because the Schedule requires the worker to authorise a medical practitioner to receive test results on the worker’s behalf; the worker’s name appears on the form as the authorising person for the medical practitioner’s receipt of results (Schedule 1). The worker therefore controls which medical practitioner is authorised and the contact details to be included in the order.
Medical practitioners and medical practices
Medical practitioners authorised by a worker are specifically implicated. The mandatory order must include the name, telephone, address and email of the medical practitioner and the practice (Schedule 1). The Regulation clarifies that a medical practitioner authorised by a worker to receive the third party’s blood test results may disclose those results to the worker (reg 6). The Schedule allows more than one medical practitioner at a practice to be listed (Schedule 1 notes). Medical practitioners authorised by the third party (if any) are also contemplated and have fields on the form.
Senior officers and delegates
Senior officers are key decision-makers for making mandatory testing orders. The Regulation prescribes the content that must appear in orders made by senior officers, and prescribes who may be included within particular classes of delegates under the Act (reg 4(1)(c); reg 8). Reg 8 prescribes classes of persons to whom functions under s 35 of the Act may be delegated, including NSW Health Service senior executives, Public Service senior executives in Corrective Services NSW, the Ministry of Health, Youth Justice NSW in the Department of Communities and Justice, and the Sheriff (reg 8(1)-(2)).
LECC Commissioners and staff
The Regulation expressly prescribes Commissioners of the Law Enforcement Conduct Commission and LECC staff as a class of workers under the Act (reg 9(1)). It then specifies that the Secretary is both the senior officer and the funding provider for a Commissioner (reg 9(2)), while the Chief Commissioner of the LECC is the senior officer for LECC staff and the Secretary is the funding provider for staff (reg 9(3)-(4)). These arrangements determine who makes orders and who funds testing in relation to LECC personnel.
Funding providers and administrative actors
The Regulation assigns funding-provider roles in the LECC context. The text does not otherwise set out detailed funding or billing mechanics for tests, but the prescriptive assignment for LECC personnel (reg 9(2)-(4)) means those roles are established at least in respect of that class.
Other public-sector executives
The Regulation’s delegation provisions reach multiple classes of public-sector senior executives by reference to definitions in the Health Services Act 1997, Government Sector Employment Act 2013, and the Sheriff Act 2005 (reg 8(3)). The scope of delegation therefore affects how many different public authorities may exercise Act functions through their senior executives.
Legal and custodial services
If a third party is detained (police custody or an inmate), the Schedule’s notice that reasonable force may be used to secure compliance has operational implications for custodial staff, corrections administrators, and police. The Schedule cross-references the Crimes (Administration of Sentences) Act 1999 for the definition of inmate.
In sum, the Regulation affects individuals required to provide blood, workers who authorise medical practitioners to receive results, the authorised medical practitioners and practices, senior officers and specified delegates across multiple agencies, and administrative/funding officers for LECC personnel. The Regulation fixes timeframes and documentary requirements that these actors must follow.
Key duties and rights
The Regulation imposes specific duties on decision-makers and procedural obligations on parties, and it creates or confirms particular rights.
Duties imposed on decision-makers
Senior officers making mandatory testing orders must ensure the order contains the particulars prescribed by reg 4(1). Those particulars include the medical practice details for the worker’s authorised medical practitioner, the third party’s date of birth if known, and for orders made by a senior officer an explicit statement informing the third party of their right to apply for review and the one-business-day time limit for doing so (reg 4(1)(a)-(c); reg 4(1)(c)(i)-(ii)). The Regulation also prescribes that the form must follow Schedule 1 (reg 4(2)).
Duties on those issuing and serving orders
By prescribing a standard form in Schedule 1 and requiring particular fields, the Regulation obliges the person issuing and serving an order to include and verify those details. The Schedule’s timelines require the issuer to serve the order in a manner that permits the third party to comply with the 2-business-day testing window and to know the one-business-day review window if the order was made by a senior officer.
Duties on workers
A worker who wishes to receive blood test results via an authorised medical practitioner must provide details of that authorised practitioner and the medical practice on the form (Schedule 1). The Regulation thereby imposes an administrative duty on workers to identify and supply contact details for the authorised recipient of results.
Duties on medical practitioners
Medical practitioners authorised by a worker to receive test results are permitted by reg 6 to disclose those results to the worker. While reg 6 is permissive rather than prescriptive, the result is that the authorised practitioner has the authority to share results with the worker and therefore must handle the results in accordance with any professional or ethical obligations engaged by disclosure (reg 6).
Duties on applicants for review
A worker’s application for review must include a copy of the senior officer’s determination and the reasons for it (reg 7(1)). A third-party application must include a copy of the mandatory testing order and any written submissions the third party made to the senior officer (reg 7(2)(a)-(b)). These documentary requirements are mandatory elements of applications for review under the Regulation.
Rights conferred or clarified
Third-party right to apply for review is explicitly set out in the order content for senior-officer-made orders. The order must state that the third party may apply to the Chief Health Officer under Act s 23 for a review and that the application must be made within 1 business day of notification (reg 4(1)(c)(i)-(ii); Schedule 1). This is a right of administrative review entrenched in the prescribed form language.
Permitted enforcement measures
The Schedule states that reasonable force may be used to ensure compliance where the third party is detained (Schedule 1). This provides a statutory permission for force in a narrow, defined situation (detained third party is defined in the Act and the Schedule clarifies police custody and inmates as examples).
Delegation and administrative arrangements
The Regulation prescribes who may be delegated functions under s 35 of the Act (reg 8), thereby defining which classes of senior executives may exercise delegated powers. For LECC personnel, the Regulation prescribes which entity is the senior officer and which is the funding provider (reg 9), setting internal administrative responsibilities.
Penalties and the notice of offence
The Schedule requires that the order include a notice that failure to comply is an offence under the Act with a maximum penalty of 12 months’ imprisonment or a fine of $11,000 or both (Schedule 1). Including that notice in the form is a duty on the issuer and gives notice to the third party of potential criminal consequences.
Procedural flexibilities
The Regulation allows submissions to senior officers to be oral, written, or provided by audio or audiovisual means (reg 5), which is a procedural right or convenience for submitters.
Collectively, these duties and rights create an administrative structure: standardised orders with prescribed content and notice, defined timeframes for compliance and review, permitted modes for submissions, and delegation classes determining who may exercise authority.
Penalties and enforcement
The Regulation does not itself create new criminal offences but requires inclusion in the prescribed order of the Act’s existing offence and penalty reference, and it specifies permitted enforcement steps in narrow circumstances.
Penalties referenced in the Schedule
The Schedule instructs that the order must include the statutory notice that it is an offence under the Act, section 27, to fail to comply with the order, and sets out the maximum penalty: imprisonment for 12 months, a fine of $11,000, or both (Schedule 1). The Regulation therefore ensures the order gives statutory notice of the Act’s criminal sanction and the maximum penalty as part of the form.
Enforcement powers and permitted measures
For third parties who are detained, the Schedule contains an express statement that reasonable force may be used to ensure compliance with the order (Schedule 1). The Schedule defines “detained third party” by cross-reference to relevant statutory categories (police custody or inmate under the Crimes (Administration of Sentences) Act 1999). The inclusion of this statement indicates that the Regulation contemplates physical enforcement in the narrow class of detained persons rather than forreleased persons.
Administrative enforcement pathway
The Regulation fixes the procedural steps for review applications and documentation required (reg 7). The procedural architecture,notice of review rights (reg 4(1)(c)), short time limits (1 business day for review application where the order is made by a senior officer), and documentary requirements,creates a compressed administrative enforcement and review regime. The order must inform the third party of the right and the 1-business-day deadline (reg 4(1)(c)(i)-(ii)).
Delegation and enforcement decision-making
The Regulation prescribes classes of delegates (reg 8). Where functions are delegated to the classes listed, those delegates become the decision-makers who can issue orders or take enforcement-related administrative decisions. That means enforcement decisions may be taken by a range of senior executives listed in reg 8(1) and reg 8(2) under delegated authority.
Criminal prosecution is, by the Regulation’s terms, governed by the Act; the Regulation ensures the individual subject to an order receives a proper statutory notice of that criminal consequence as part of the form. The Regulation does not itself set out prosecution procedures, penalties beyond the maximum sentence/fine notice, or enforcement agencies’ operational rules; it only prescribes that reasonable force may be used to secure compliance by detained persons and that failure to comply is an offence with the stated maximum penalty (Schedule 1).
How it interacts with other laws
The Regulation is designed to sit alongside and operationalise provisions in the Mandatory Disease Testing Act 2021 and to work with definitions and institutional arrangements in several other Acts. Its cross-references and definitions determine its interaction points.
Primary relationship with the Act
The Regulation repeatedly states that its provisions are for the purposes of named sections in the Act: reg 4 is “for the Act, section 18(1)(g)” and reg 4(2) is “for the Act, section 18(2)”. Reg 5 and reg 6 are specified “for the Act, s 38(1)”. Reg 7 is “for the Act, s 38(2)(b)”. Reg 8 is “for the Act, s 35”. Reg 9 prescribes a class of workers “for the Act, Dictionary, definition of worker”. The Schedule is captioned “Mandatory testing order under Mandatory Disease Testing Act 2021” (reg 4(2); Schedule 1). In short, the Regulation operationalises and prescribes form and procedure in aid of the Act’s statutory powers.
Reliance on other Acts for definitions
Reg 3 notes the Act and the Interpretation Act 1987 contain definitions that affect interpretation and application of the Regulation. Reg 8(3) explicitly states that Corrective Services NSW, NSW Health Service senior executive, Public Service senior executive, and Sheriff have meanings taken from specified Acts: the Crimes (Administration of Sentences) Act 1999, the Health Services Act 1997, the Government Sector Employment Act 2013, and the Sheriff Act 2005 respectively. Where the Regulation prescribes delegates by reference to those titles, it thereby relies on those Acts to fix who is encompassed by the delegation classes. This creates a cross‑statutory dependency: the meaning of key terms in the Regulation flows from those neighbouring statutes.
Interaction with the Act’s offence and review provisions
The Schedule includes the Act’s offence notice (Act s 27) and requires that the order advise third parties of their right of review to the Chief Health Officer under Act s 23, and the time limit for seeking review. Thus the Regulation’s procedures directly tie into the Act’s review and enforcement framework; the Regulation specifies how those Act rights and obligations are to be communicated and documented.
Definition of “blood-borne disease”
The Schedule refers to the Act’s definition of “blood-borne disease” to mean HIV infection, Hepatitis B, Hepatitis C or other blood-borne disease prescribed by the regulations under that Act (Schedule note). That indicates the Regulation relies on the Act (and possibly separate regulations made under the Act) to define the scope of the laboratory tests.
Custodial and corrections law
The Schedule’s note that “detained third party” is defined to mean a third party in police custody or an inmate within the meaning of the Crimes (Administration of Sentences) Act 1999 links enforcement powers (reasonable force) to provisions in criminal justice and corrections law. The Regulation therefore interfaces with custodial practice and corrections policies where detained persons are concerned.
Administrative law and delegation
By prescribing classes for delegation under the Act (reg 8), the Regulation influences administrative decision-making structures and the distribution of power under the Act. The delegation provisions must be read alongside the Act’s s 35. The persons named in reg 8 are identified by reference to employment statutes, which will affect who can lawfully act as delegates.
Overall, the Regulation functions as a technical instrument that fills in procedural, definitional and form-based gaps left by the Act. It imports meanings from the Act and other named statutes and, in doing so, aligns the Act’s powers with existing institutional categories and custodial regimes. The Regulation does not, on its face, alter substantive criminal law beyond ensuring the form of notice of the existing Act offence is included in the order.
Amendment history
The Regulation itself contains minimal historical material within the text supplied. The instrument identifies its name as the Mandatory Disease Testing Regulation 2022 (reg 1) and states its commencement date as 29 July 2022 (reg 2). No amendments, revocations, or later consequential changes are recorded within the Regulation text provided.
What is present:
Reg 1: States the name and links to the live regulation title Mandatory Disease Testing Regulation 2022.
Reg 2: Provides a single-date commencement clause: 29 July 2022.
What is not in the text:
The document does not include any schedules of amendments, transitional provisions for earlier instruments, or any notation of earlier or subsequent regulatory instruments amending these provisions. There are no successive versions or marked-up historical annotations within the supplied text.
Implication for practitioners:
For current legal use, the Regulation should be read as having commenced on the date specified. Any question about later amendments, repeals, consolidations, or superseding instruments is not answerable from the text provided; to determine whether later changes exist, a user should consult the official compiled legislation database or the Attorney‑General’s consolidated instrument listings. The Regulation as provided is a snapshot effective from its commencement date.
Litigation history
The Regulation text supplied contains no references to litigation, no reported cases, and no judicial consideration is named or cited in the instrument. It does not record or annex any decisions, determinations, or legal proceedings related to its operation. The Schedule and regulation body make no citation to judicial authority or precedent.
What this means in practice:
There is no litigation history contained in this instrument to rely upon for interpretation or operational guidance. Any legal questions about the Regulation’s validity, scope, or interaction with the Act that have been litigated will not be visible from this text. Practitioners and researchers seeking case law or disputes arising under the Regulation must search external sources (court databases, tribunal decisions, or legal reporting services) for any decisions mentioning the Regulation or the Act.
Note on doctrinal references
The instrument is purely regulatory and procedural; it does not itself summarise or record any judicial interpretation. Consequently, the Regulation provides no ready-made litigation precedent or case law guidance within its text.
Gotchas
The Regulation contains a number of operational and procedural features that can have practical consequences if overlooked. Below are concrete points to watch for, with direct references to the relevant clauses.
Very short timeframes for review applications
Where a mandatory testing order is made by a senior officer, the order must state that the third party may apply to the Chief Health Officer for review and that the application must be made within one business day of notification of the decision (reg 4(1)(c)(i)-(ii); Schedule 1). Practically, this is a compressed period for obtaining legal advice, arranging representation, or preparing written submissions; failing to take steps immediately can foreclose administrative review.
Short compliance window for providing blood
The Schedule requires attendance to provide blood “as soon as practicable but no later than 2 business days after being served with this order” (Schedule 1). That is a narrow operational window for arranging transport, identifying an authorised medical practitioner, or seeking to challenge the order. Service methods and proof of service become practically important.
Form rigidity and required particulars
The Regulation prescribes the form (reg 4(2); Schedule 1) and specific fields, including the medical practice contact details if the worker’s medical practitioner works at a practice (reg 4(1)(a); Schedule 1). Omitting required particulars (for example, failing to list a DOB “if known”) may risk non-compliance with the Regulation’s content prescription or later procedural challenges, depending on how the Act treats defects. The Schedule also requires a particular deletion (“all blood-borne diseases” versus “specific blood-borne diseases”) to be made where applicable; failing to make the correct deletion may create ambiguity about the scope of testing.
Disclosure pathway that may affect expectations of confidentiality
Reg 6 permits a medical practitioner authorised by the worker to receive the third party’s blood test results to disclose the results to the worker. That explicit allowance may conflict with third-party expectations of confidentiality; practitioners should be aware that the Regulation authorises disclosure to workers via the worker’s nominated practitioner. Where a third party has separately authorised a practitioner, the form accommodates that, but third parties should be advised of the worker-authorised disclosure possibility.
Documentary requirements for review applications
A worker’s review application must include the senior officer’s determination and reasons (reg 7(1)). A third-party application must include the order and any written submissions made to the senior officer (reg 7(2)). Practically, failing to include these documents may render an application non-compliant or delay the review; parties should ensure these documents are assembled at the time of application.
Delegation breadth and choice of decision-maker
Reg 8 prescribes broad classes of senior executives as delegates, referencing multiple public service categories. That means the person who makes an order may not be the local, line manager but could be a senior executive in various agencies. For parties trying to locate the decision-maker or seek internal review, understanding which positions are valid delegates matters.
LECC-specific arrangements may be non-intuitive
For LECC Commissioners, the Secretary is both the senior officer and the funding provider; for LECC staff, the Chief Commissioner is the senior officer and the Secretary is the funding provider (reg 9(2)-(4)). These staggared administrative assignments may create unexpected contact points for service, funding queries, or review applications.
Reasonable force for detained third parties
The Schedule’s statement that reasonable force may be used to ensure compliance by a detained third party (Schedule 1) is a narrow, but consequential enforcement permission. Practitioners operating in custodial settings should clarify the operational protocols and legal authorisations local to policing and corrections that will be invoked.
Offence and criminal penalties notice must be included
The order must contain the notice of the Act’s offence and the maximum penalty (Schedule 1). Failure to include that notice on the form could be a technical defect. Issuers must ensure the order uses the prescribed wording and includes the penalty figures referenced.
Multiple authorised medical practitioners
The Schedule allows more than one medical practitioner at a medical practice to be listed (Schedule notes). Practically, the choice of who is authorised and how contact details are entered has immediate implications for the flow of results and confidentiality.
Service and proof
Given the short windows for testing and review, effective service and accurate proof-of-service procedures are critical. The Regulation assumes a clearly established date of service starts the 2-business-day testing clock and the one-business-day review clock for senior-officer-made orders.
In sum, the main operational risks are the short timeframes, the mandatory content and form, the authorised-disclosure pathway to workers, delegation complexities, and the Schedule’s permissive enforcement measure for detained persons. Each of these is sharply consequential in practice and should be front-loaded in case management and operational procedures.
How to comply
Compliance requires aligning administrative practice, communications, record-keeping and decision-making with the Regulation’s prescribed content, timeframes and documentary requirements. Below is a practical checklist, mapped to the Regulation’s provisions, for the main actors to reduce implementation risk.
For senior officers and delegates (reg 4; reg 8)
Use the Schedule 1 form verbatim for all mandatory testing orders where the Act requires a form (reg 4(2); Schedule 1). Ensure required fields are completed: name of third party, place and time for testing (as soon as practicable, no later than 2 business days), date of birth if known, which blood-borne diseases are to be tested (delete the inapplicable option), worker’s authorised medical practitioner details including practice, and third party’s medical practitioner if applicable (Schedule 1).
If the order is made by a senior officer, ensure the order contains the explicit statement that the third party may apply to the Chief Health Officer for review and that the application must be made within 1 business day of notification (reg 4(1)(c); Schedule 1). Include the precise wording or equivalent prescribed in the Schedule so the one-day deadline is clear.
Ensure service processes are robust and provide clear proof of service because the 2-business-day compliance window and the 1-business-day review window are triggered by service (Schedule 1). Record date and method of service contemporaneously.
For persons issuing orders in custodial contexts
If the third party is detained, ensure custodial procedures for taking blood are consistent with the Schedule’s notice that reasonable force may be used for detained third parties. Ensure custodial staff are aware of the order content and timing requirements, and that they follow internal custodial law and policy on the use of force consistent with the authority indicated in the Schedule.
For workers
Identify and authorise a medical practitioner to receive test results on your behalf and provide full contact details on the order (Schedule 1). Be aware that the authorised practitioner may disclose results to you (reg 6).
When authorising a practitioner, consider how results will be handled and whether any additional confidentiality arrangements or clinical follow-up steps are required.
For third parties
Note the short timelines: attend to provide blood no later than 2 business days after service (Schedule 1). If you consider the order incorrect, prepare to apply for review immediately where the order was made by a senior officer, as the application must be made within 1 business day of notification (reg 4(1)(c); Schedule 1).
If making a review application, include the documents required by reg 7(2): the copy of the mandatory testing order and any written submissions you had previously made to the senior officer (reg 7(2)(a)-(b)).
For medical practitioners and practices
Be prepared to receive results as the worker’s authorised recipient and to disclose those results to the worker if authorised (reg 6; Schedule 1). Ensure you have procedures for receiving, recording and disclosing test results that align with professional obligations and the authorization recorded on the order.
If a third party has authorised a medical practitioner, include those details on the order as well; the Schedule allows more than one practitioner to be listed.
For applicants for review (workers and third parties)
For workers applying for review under Act s 23, include a copy of the senior officer’s determination and the reasons with the application (reg 7(1)). For third parties, include a copy of the mandatory testing order and any written submissions previously made to the senior officer (reg 7(2)). Prepare these documents in advance so the review application is not delayed for lack of required materials.
For organisational compliance officers and legal teams
Update templates and checklists to reflect the Schedule form exactly and validate that the form used in practice mirrors Schedule 1. Train staff on the short timelines for compliance and review and on the importance of proof of service.
Review delegation instruments to ensure delegated authority aligns with the classes prescribed by reg 8 and that delegates are properly authorised in writing where necessary.
For LECC-related matters, apply the administrative mappings in reg 9: the Secretary is both senior officer and funding provider for a Commissioner; for LECC staff, the Chief Commissioner is the senior officer and the Secretary is the funding provider (reg 9(2)-(4)). Ensure funding and administrative arrangements are clear in advance of testing orders affecting LECC personnel.
Record-keeping
Keep contemporaneous records showing service dates, authorisations for medical practitioners, copies of the order issued, any submissions received by senior officers (oral submissions should be summarised contemporaneously), and the senior officer’s determination and reasons. These records will be required for any review processes and to demonstrate compliance with the Regulation’s documentary requirements (reg 5; reg 7).
Operational policies
Amend clinical and HR protocols to reflect that test results may be channelled to a worker via an authorised medical practitioner and that the Regulation permits disclosure by that practitioner to the worker (reg 6).
For custodial environments, ensure policies governing the use of reasonable force to obtain blood from detained persons are consistent with the Schedule and local policing/corrections law. Ensure training and oversight mechanisms are in place.
Finally, confirm whether the Regulation remains in this exact form in any consolidated legislative database used by your organisation, and coordinate with counsel or policy officers where the Act itself or other regulations referenced in the Schedule impose additional requirements not set out here. The Regulation imposes short, strict deadlines and prescriptive form requirements; operational readiness and tight document control are therefore essential for compliant implementation.
Section 6Disclosure of blood test results—the Act, s 38(1)
6 Disclosure of blood test results—the Act, s 38(1)
6 Disclosure of blood test results—the Act, s 38(1)
6 Disclosure of blood test results—the Act, s 38(1)
To avoid doubt, a medical practitioner authorised by a worker to receive the third party’s blood test results on the worker’s behalf under the Act, section 22(1)(a) may disclose the blood test results to the worker.
7 Applications for review—the Act, s 38(2)(b)
7 Applications for review—the Act, s 38(2)(b)
7 Applications for review—the Act, s 38(2)(b)
(1) An application for review made by a worker under the Act, section 23(1) must include a copy of the senior officer’s determination and the reasons for the determination.
(2) An application for review made by a third party under the Act, section 23(3) must include the following—
(a) a copy of the mandatory testing order,
(b) a copy of the third party’s written submissions made to the senior officer under the Act, section 11(4)(b), if any.
8 Delegation—the Act, s 35
8 Delegation—the Act, s 35
8 Delegation—the Act, s 35
(1) For the Act, section 35(1), the class comprising the following persons is prescribed—
(a) NSW Health Service senior executives,
(b) Public Service senior executives employed in Corrective Services NSW,
(c) Public Service senior executives employed within the Ministry of Health,
(d) Public Service senior executives employed in Youth Justice NSW within the Department of Communities and Justice,
(e) the Sheriff.
(2) For the Act, section 35(2), the class comprising the following persons is prescribed—
(a) NSW Health Service senior executives,
(b) Public Service senior executives employed within the Ministry of Health.
(3) In this section—
Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.
NSW Health Service senior executive has the same meaning as in the Health Services Act 1997.
Public Service senior executive has the same meaning as in the Government Sector Employment Act 2013.
Sheriff has the same meaning as in the Sheriff Act 2005.
9 Law Enforcement Conduct Commission workers
9 Law Enforcement Conduct Commission workers
9 Law Enforcement Conduct Commission workers
(1) The following are prescribed as a class of workers for the Act, Dictionary, definition of worker—
(a) a Commissioner of the Law Enforcement Conduct Commission (the LECC),
(b) a member of staff of the LECC.
(2) The Secretary is both the senior officer and the funding provider for a Commissioner of the LECC.
(3) The senior officer for a member of staff of the LECC is the Chief Commissioner of the LECC.
(4) The funding provider for a member of staff of the LECC is the Secretary.
Schedule 1 Form of mandatory testing order
Schedule 1 Form of mandatory testing order
Schedule 1 Form of mandatory testing order
section 4(2)
Mandatory testing order under Mandatory Disease Testing Act 2021
Name of third party
[Name of third party] is required to attend [name and address of place] to provide blood as soon as practicable but no later than 2 business days after being served with this order.
Date of birth of third party
[Date of birth of third party].
Details of blood-borne diseases
The blood of [name of third party] must be tested for—
• *all blood-borne diseases, or
• *[specific blood-borne diseases].
*Delete whichever does not apply
Note—
Blood-borne disease is defined in the Mandatory Disease Testing Act 2021 to mean HIV infection, Hepatitis B, Hepatitis C or other blood-borne disease prescribed by the regulations under that Act.
Details of worker’s medical practitioner
[Name of worker] has authorised the following medical practitioner to receive the third party’s blood test results on the worker’s behalf—
Name of medical practitioner—
Telephone number—
Address—
Email address—
Name of medical practice at which the medical practitioner works—
Telephone number of medical practice—
Address of medical practice—
Email address of medical practice—
Note 1—
More than one medical practitioner at a medical practice can be listed.
Note 2—
Under the Mandatory Disease Testing Act 2021, section 22(1)(a), the third party’s blood test results will be provided to the medical practitioner authorised by the worker to receive the blood test results on the worker’s behalf.
Details of third party’s medical practitioner—if applicable
[Name of third party] has authorised the following medical practitioner to receive the third party’s blood test results on the third party’s behalf—
Name of medical practitioner—
Telephone number—
Address—
Email address—
Name of medical practice at which the medical practitioner works—
Telephone number of medical practice—
Address of medical practice—
Email address of medical practice—
Note—
More than one medical practitioner at a medical practice can be listed.
Notice to third party
It is an offence under the Mandatory Disease Testing Act 2021, section 27 to fail to comply with this order. The maximum penalty for the offence is imprisonment for 12 months or a fine of $11,000, or both.
A third party may apply to the Chief Health Officer under the Mandatory Disease Testing Act 2021, section 23 for a review of the senior officer’s decision to make this order. The application must be made within 1 business day of the third party being notified of the senior officer’s decision.
Notice to detained third party
If the third party is a detained third party, reasonable force may be used to ensure that the third party complies with this order.
Note—
Detained third party is defined in the Mandatory Disease Testing Act 2021 to mean a third party who is in police custody or who is an inmate within the meaning of the Crimes (Administration of Sentences) Act 1999.