102Notification by doctors and nurse practitioners

102 Notification by doctors and nurse practitioners (1) If a doctor or nurse practitioner has reasonable grounds to believe that a patient has, or may have, a notifiable condition, the doctor or nurse practitioner must— (a) give the patient information about— (i) the transmission of the condition and how to prevent the transmission of the condition to others; and (ii) anything determined by the chief health officer; and (b) advise the patient of the patient’s rights under section 99 (c); and (c) if the patient agrees, make reasonable arrangements for the patient to receive counselling in accordance with any applicable code of practice; and (d) ask the patient to give the doctor or nurse practitioner information for the purpose of complying with section 102A (Doctors and nurse practitioners—failure to notify). (2) A determination under subsection (1) (a) (ii) is a notifiable instrument. (3) Subsection (1) does not apply if the doctor or nurse practitioner proves that they had reasonable grounds to believe that the patient had been given the information mentioned in subsection (1) (a) by another doctor or nurse practitioner. (4) If a doctor or nurse practitioner fails to comply with subsection (1) in relation to a patient— (a) the failure is taken to be unprofessional conduct for the Health Practitioner Regulation National Law (ACT); and (b) the patient may make a voluntary notification about the failure to the national agency under the Health Practitioner Regulation National Law (ACT).