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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mandatory Testing (Infectious Diseases)
Bill 2014
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Purpose of Act 2
4. Terms used 2
5. Freedom of Information Act 1992 does not apply to
this Act 6
Part 2 -- Disease test approvals
Division 1 -- Preliminary
6. Purpose of Part 7
7. Terms used 7
Division 2 -- Applications
8. Application for a disease test approval 7
9. Detention of suspected transferor pending
application 8
Division 3 -- Disease test approval
10. Giving of disease test approval 9
11. Copy of disease test approval to be served 10
Division 4 -- Consequences of issuing disease
test approvals
12. Effect of disease test approval 10
13. Offences of failing to comply with requirement
under disease test approval 11
Part 3 -- Disease test orders
Division 1 -- Preliminary
14. Purpose of Part 12
69--1B page i
Mandatory Testing (Infectious Diseases) Bill 2014
Contents
15. Terms used 12
Division 2 -- Applications
16. Application for order for blood testing of suspected
transferor 12
17. Copy of application to be served 13
18. Hearing an application 13
Division 3 -- Disease test orders
19. Making of disease test order 13
20. Explanation of disease test order 14
21. Copy of disease test order to be served 15
Division 4 -- Consequences of issuing disease
test orders
22. Effect of disease test order 15
23. Offence of failing to comply with disease test order 15
Division 5 -- Appeals
24. Appeal against disease test order 16
25. Appeal by public officer 16
Part 4 -- General
26. Taking blood samples under disease test
authorisation 17
27. Analysis of blood samples 17
28. No payment may be required in relation to taking
or testing under disease test authorisation 18
29. Restriction on disclosure of results of analysis 18
30. Prohibition on use of blood samples for other
purposes 20
31. Certain evidence inadmissible 20
32. Protection from liability 20
33. Regulations 21
34. Review of this Act after 5 years 21
Defined terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Mandatory Testing (Infectious Diseases)
Bill 2014
A Bill for
An Act to provide for the mandatory testing for certain infectious
diseases of persons reasonably suspected of having transferred
bodily fluids to police and other related public officers acting in the
course of duty.
The Parliament of Western Australia enacts as follows:
page 1
Mandatory Testing (Infectious Diseases) Bill 2014
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Mandatory Testing (Infectious Diseases) Act 2014.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Purpose of Act
11 The purpose of this Act is to help ensure that a police officer or
12 other public officer who, in the course of duty, is exposed to the
13 risk of transmission of certain infectious diseases receives
14 appropriate medical, physical and psychological treatment by
15 authorising --
16 (a) the taking of a blood sample from a person who, if
17 carrying an infectious disease, might have transmitted it
18 to the officer; and
19 (b) the analysis of the blood sample to find out whether the
20 person is carrying the infectious disease.
21 4. Terms used
22 In this Act, unless the contrary intention appears --
23 adult means a person who has reached 18 years of age;
24 affected public officer means a public officer in relation to
25 whom there are reasonable grounds for disease testing;
26 bodily fluid includes semen, blood and saliva;
27 child means a person who is under 18 years of age;
28 Commissioner means the Commissioner of Police;
page 2
Mandatory Testing (Infectious Diseases) Bill 2014
Preliminary Part 1
s. 4
1 disease test authorisation means --
2 (a) a disease test approval as defined in section 7(1); or
3 (b) a disease test order as defined in section 15;
4 doctor means a person registered under the Health Practitioner
5 Regulation National Law (Western Australia) in the medical
6 profession;
7 incapable person means a person who is not a child and --
8 (a) who for any reason is unable to give consent to being
9 tested for an infectious disease; or
10 (b) who is unconscious, deceased or otherwise unable --
11 (i) to understand a request made to give consent to
12 being tested for an infectious disease; or
13 (ii) to communicate whether or not he or she
14 consents to being tested for an infectious disease;
15 infectious disease means any of the following --
16 (a) Human Immunodeficiency Virus (HIV) infection;
17 (b) Hepatitis B;
18 (c) Hepatitis C;
19 (d) any other prescribed disease capable of being
20 transmitted by the transfer of bodily fluid;
21 nurse means a person registered under the Health Practitioner
22 Regulation National Law (Western Australia) in the nursing and
23 midwifery profession whose name is entered on the Register of
24 Nurses kept under that Law;
25 police officer means a police officer acting in the course of
26 duty;
27 police-related officer means any of the following acting in the
28 course of duty --
29 (a) a person appointed under the Police Act 1892 Part III to
30 be a special constable;
31 (b) a person appointed under the Police Act 1892 Part IIIA
32 to be an Aboriginal police liaison officer;
page 3
Mandatory Testing (Infectious Diseases) Bill 2014
Part 1 Preliminary
s. 4
1 (c) a person appointed under the Police Act 1892 Part IIIB
2 to be a police auxiliary officer;
3 (d) a police cadet within the meaning of the Police
4 Act 1892;
5 police service employee means a person employed or engaged
6 in the department of the Public Service principally assisting the
7 Minister in the administration of the Police Act 1892 and acting
8 in the course of duty;
9 prescribed means prescribed in regulations under this Act;
10 protected person means --
11 (a) a child; or
12 (b) an incapable person;
13 public officer means any of the following --
14 (a) a police officer;
15 (b) a police-related officer;
16 (c) a police service employee;
17 qualified person means a person who has been trained to take
18 samples of blood from persons by a registered training
19 organisation within the meaning of the Australian Quality
20 Training Framework as approved from time to time under the
21 Skilling Australia's Workforce Act 2005 (Commonwealth);
22 reasonable grounds for disease testing means reasonable
23 grounds for suspecting that there has been a transfer of bodily
24 fluid from a suspected transferor to a public officer as a result
25 of --
26 (a) an assault by the suspected transferor against the public
27 officer; or
28 (b) the lawful apprehension or detention of the suspected
29 transferor by the public officer; or
30 (c) any other prescribed circumstance involving the
31 suspected transferor and the public officer;
page 4
Mandatory Testing (Infectious Diseases) Bill 2014
Preliminary Part 1
s. 4
1 responsible person --
2 (a) in relation to a suspected transferor who is a child,
3 means any of the following persons --
4 (i) a parent of the child;
5 (ii) a guardian of the child;
6 (iii) another adult person who has responsibility for
7 the day-to-day care of the child;
8 (iv) if no person mentioned in another subparagraph
9 of this paragraph is available, a prescribed
10 person, or a person in a prescribed class of
11 persons;
12 (b) in relation to a suspected transferor who is an incapable
13 person other than a deceased person, means any of the
14 following persons --
15 (i) an adult relative of the incapable person;
16 (ii) a person who is a guardian of the incapable
17 person under the Guardianship and
18 Administration Act 1990;
19 (iii) a person who is an enduring guardian of the
20 incapable person under the Guardianship and
21 Administration Act 1990 and is authorised to
22 perform functions in relation to the incapable
23 person in the circumstances in which this Act
24 applies;
25 (iv) a person recognised as the incapable person's
26 advocate under the Disability Services Act 1993
27 section 32(2);
28 (v) a person who is a carer (as defined in the Carers
29 Recognition Act 2004 section 4) in relation to the
30 incapable person;
31 (vi) if no person mentioned in another subparagraph
32 of this paragraph is available, a prescribed
33 person, or a person in a prescribed class of
34 persons;
page 5
Mandatory Testing (Infectious Diseases) Bill 2014
Part 1 Preliminary
s. 5
1 (c) in relation to a suspected transferor who is a deceased
2 person, the person who has lawful custody of the
3 suspected transferor's body;
4 suspected transferor, where there are reasonable grounds for
5 disease testing, means the person from whom it is suspected the
6 bodily fluid was transferred;
7 transfer of bodily fluid means the transfer of bodily fluid from
8 one person into the anus, vagina, mucous membrane or broken
9 skin of another person.
10 5. Freedom of Information Act 1992 does not apply to this Act
11 The Freedom of Information Act 1992 (FOI Act) does not apply
12 to activities or records under this Act to the extent that the
13 FOI Act would otherwise enable or require the disclosure of the
14 identity of --
15 (a) a suspected transferor; or
16 (b) an affected public officer.
page 6
Mandatory Testing (Infectious Diseases) Bill 2014
Disease test approvals Part 2
Preliminary Division 1
s. 6
1 Part 2 -- Disease test approvals
2 Division 1 -- Preliminary
3 6. Purpose of Part
4 The purpose of this Part is to provide for the mandatory testing
5 of a suspected transferor who is not a protected person.
6 7. Terms used
7 (1) In this Part --
8 application means an application under section 8;
9 approved form means a written form approved by the
10 Commissioner;
11 disease test approval means an approval under this Part for the
12 taking and testing of a blood sample from a suspected
13 transferor;
14 remote communication means any way of communicating at a
15 distance including by telephone, fax, email and radio;
16 senior police officer, in relation to an application, means a
17 police officer who is an inspector or an officer of a rank more
18 senior than an inspector.
19 (2) A reference in this Part to making an application includes a
20 reference to giving information in support of the application.
21 Division 2 -- Applications
22 8. Application for a disease test approval
23 (1) A public officer may apply to a senior police officer for a
24 disease test approval if --
25 (a) there are reasonable grounds for disease testing; and
26 (b) the suspected transferor is not a protected person; and
page 7
Mandatory Testing (Infectious Diseases) Bill 2014
Part 2 Disease test approvals
Division 2 Applications
s. 9
1 (c) the senior police officer is not involved in the
2 investigation of any suspected offence to which the
3 proposed disease test approval relates.
4 (2) The application may be made by remote communication.
5 (3) The application must --
6 (a) if practicable be in writing; and
7 (b) state the full name and official details of the applicant;
8 and
9 (c) state the full name and official details of the affected
10 public officer; and
11 (d) state the full name and address of the suspected
12 transferor; and
13 (e) state the grounds for suspecting that there has been a
14 transfer of bodily fluid from the suspected transferor to
15 the affected public officer; and
16 (f) include any other information that is prescribed for the
17 purposes of this subsection.
18 (4) If it is not practicable to make the application in writing, the
19 public officer making the application must, as soon as
20 practicable after the application is made, make a written record
21 of it, including all the information required under subsection (3).
22 (5) If the suspected transferor is being detained under section 9, the
23 application must be made --
24 (a) as soon as practicable; and
25 (b) in a manner that ensures the determination of the
26 application as soon as practicable,
27 after the apprehension of the suspected transferor.
28 9. Detention of suspected transferor pending application
29 A police officer may apprehend and detain the suspected
30 transferor for as long as is reasonably necessary to enable the
31 determination of the application.
page 8
Mandatory Testing (Infectious Diseases) Bill 2014
Disease test approvals Part 2
Disease test approval Division 3
s. 10
1 Division 3 -- Disease test approval
2 10. Giving of disease test approval
3 (1) On an application, a senior police officer may give a disease test
4 approval if satisfied --
5 (a) there are reasonable grounds for disease testing; and
6 (b) the suspected transferor is not a protected person.
7 (2) The disease test approval must be in an approved form and must
8 include a statement of all of the following --
9 (a) the full name and address of the suspected transferor;
10 (b) that a police officer may apprehend the suspected
11 transferor and detain him or her for as long as is
12 reasonably necessary to enable the taking of a sample of
13 the suspected transferor's blood;
14 (c) that, for the purposes of paragraph (b), a police officer
15 may enter any place where the police officer suspects on
16 reasonable grounds the suspected transferor might be
17 located;
18 (d) that a police officer may take the suspected transferor to
19 a place the police officer considers has appropriate
20 facilities for taking the blood sample;
21 (e) that a doctor, nurse or qualified person may take a blood
22 sample from the suspected transferor.
23 (3) The disease test approval may be given subject to any
24 reasonable conditions that the senior police officer considers
25 appropriate and specifies in the approval.
26 (4) The disease test approval may be given by remote
27 communication.
28 (5) The senior police officer must, as soon as practicable after
29 granting an approval orally by remote communication, make a
page 9
Mandatory Testing (Infectious Diseases) Bill 2014
Part 2 Disease test approvals
Division 4 Consequences of issuing disease test approvals
s. 11
1 record in writing of the particulars referred to in subsection (2)
2 relating to the approval.
3 11. Copy of disease test approval to be served
4 (1) A copy of the disease test approval must be served personally
5 on the suspected transferor.
6 (2) The copy of the disease test approval must contain an
7 explanation, in an approved form --
8 (a) of the purpose and effect of the approval; and
9 (b) that force may be used to enforce the approval; and
10 (c) that failure to comply with a requirement made under
11 the approval is an offence.
12 (3) A disease test approval does not take effect until a copy of it is
13 served in accordance with this section.
14 Division 4 -- Consequences of issuing disease test approvals
15 12. Effect of disease test approval
16 (1) A disease test approval confers the powers referred to in
17 section 10(2)(b), (c) and (d).
18 (2) A disease test approval relating to a suspected transferor --
19 (a) authorises a blood sample to be taken from the
20 suspected transferor in accordance with the approval;
21 and
22 (b) authorises a police officer to require the suspected
23 transferor to submit to the taking of the blood sample in
24 accordance with the approval.
25 (3) A disease test approval also authorises the blood sample to be
26 tested for an infectious disease.
page 10
Mandatory Testing (Infectious Diseases) Bill 2014
Disease test approvals Part 2
Consequences of issuing disease test approvals Division 4
s. 13
1 13. Offences of failing to comply with requirement under
2 disease test approval
3 A suspected transferor commits an offence if the suspected
4 transferor, without reasonable excuse, fails to comply with a
5 requirement made under section 12(2)(b).
6 Penalty: a fine of $12 000 and imprisonment for 12 months.
page 11
Mandatory Testing (Infectious Diseases) Bill 2014
Part 3 Disease test orders
Division 1 Preliminary
s. 14
1 Part 3 -- Disease test orders
2 Division 1 -- Preliminary
3 14. Purpose of Part
4 The purpose of this Part is to provide for the mandatory testing
5 of a suspected transferor who is a protected person.
6 15. Terms used
7 In this Part --
8 application means an application under section 16;
9 court means --
10 (a) in relation to a suspected transferor who is a child -- the
11 Children's Court;
12 (b) in relation to a suspected transferor who is not a child --
13 the Magistrates Court;
14 disease test order means an order of a court under this Part
15 authorising the taking and testing of a blood sample from a
16 suspected transferor, and includes a variation of the order under
17 section 19(4);
18 lawyer means an Australian lawyer as defined in the Legal
19 Profession Act 2008 section 3;
20 third party, in relation to an application, has the meaning given
21 in section 17(2).
22 Division 2 -- Applications
23 16. Application for order for blood testing of suspected
24 transferor
25 A public officer may apply to a court for a disease test order
26 if --
27 (a) there are reasonable grounds for disease testing; and
28 (b) the suspected transferor is a protected person.
page 12
Mandatory Testing (Infectious Diseases) Bill 2014
Disease test orders Part 3
Disease test orders Division 3
s. 17
1 17. Copy of application to be served
2 (1) The applicant must serve a copy of the application personally on
3 a responsible person.
4 (2) A person served under subsection (1) is a third party to the
5 application.
6 18. Hearing an application
7 (1) The court --
8 (a) must hear and decide an application with as little delay
9 as possible and in the absence of the public; and
10 (b) may, in extraordinary circumstances, adjourn the
11 application for no more than 24 hours to allow further
12 evidence to be put before the court; and
13 (c) must ensure that all of the following persons are
14 afforded the right to be represented by a lawyer at the
15 hearing --
16 (i) the suspected transferor; and
17 (ii) a third party.
18 (2) An affected public officer cannot be compelled to give evidence
19 at the hearing.
20 Division 3 -- Disease test orders
21 19. Making of disease test order
22 (1) The court may make a disease test order in relation to the
23 suspected transferor if the court is satisfied that --
24 (a) there are reasonable grounds for disease testing; and
25 (b) in the circumstances, a blood sample should be taken
26 from the suspected transferor.
27 (2) The disease test order must include a statement of all of the
28 following --
29 (a) the full name and address of the suspected transferor;
page 13
Mandatory Testing (Infectious Diseases) Bill 2014
Part 3 Disease test orders
Division 3 Disease test orders
s. 20
1 (b) that a police officer may apprehend the suspected
2 transferor and detain him or her for as long as is
3 reasonably necessary to enable the taking of a sample of
4 the suspected transferor's blood;
5 (c) that, for the purposes of paragraph (b), a police officer
6 may enter any place where the police officer suspects on
7 reasonable grounds the suspected transferor might be
8 located;
9 (d) that a police officer may take the suspected transferor to
10 a place the police officer considers has appropriate
11 facilities for taking the blood sample;
12 (e) that a doctor, nurse or qualified person may take a blood
13 sample from the suspected transferor.
14 (3) The disease test order may be made subject to any reasonable
15 conditions that the court considers appropriate and specifies in
16 the order.
17 (4) The court may, by further order, vary or revoke a disease test
18 order.
19 20. Explanation of disease test order
20 (1) A court making a disease test order must ensure that the
21 suspected transferor and third party are informed --
22 (a) of the suspected transferor's right under section 24 to
23 appeal to the District Court against the disease test
24 order; and
25 (b) that the suspected transferor has a right to obtain legal
26 advice and to communicate with a lawyer; and
27 (c) about the purpose and effect of the order; and
28 (d) that force may be used to enforce the order; and
29 (e) that failure to comply with the order is an offence.
30 (2) The court must take all reasonable steps to ensure that the
31 explanation provided to the suspected transferor is expressed in
page 14
Mandatory Testing (Infectious Diseases) Bill 2014
Disease test orders Part 3
Consequences of issuing disease test orders Division 4
s. 21
1 a language and manner that the suspected transferor is likely to
2 understand.
3 (3) A failure by the court to comply with this section does not
4 invalidate the disease test order.
5 21. Copy of disease test order to be served
6 (1) A copy of a disease test order must be served personally on a
7 third party.
8 (2) A disease test order does not take effect until a copy of it is
9 served in accordance with this section.
10 Division 4 -- Consequences of issuing disease test orders
11 22. Effect of disease test order
12 (1) A disease test order confers the powers referred to in
13 section 19(2)(b), (c) and (d).
14 (2) A disease test order --
15 (a) authorises a blood sample to be taken from the
16 suspected transferor in accordance with the order; and
17 (b) requires a responsible person who is a third party to take
18 all reasonable steps to enable that blood sample to be
19 taken in accordance with the order.
20 (3) A disease test order also authorises the blood sample to be
21 tested for an infectious disease.
22 23. Offence of failing to comply with disease test order
23 A responsible person who is a third party commits an offence if
24 the responsible person, without reasonable excuse, fails to
25 comply with a requirement referred to in section 22(2)(b).
26 Penalty: a fine of $12 000 and imprisonment for 12 months.
page 15
Mandatory Testing (Infectious Diseases) Bill 2014
Part 3 Disease test orders
Division 5 Appeals
s. 24
1 Division 5 -- Appeals
2 24. Appeal against disease test order
3 (1) A third party may, on behalf of the suspected transferor, appeal
4 against a disease test order to the District Court.
5 (2) Unless the District Court otherwise orders, the appeal --
6 (a) must be filed without delay; and
7 (b) does not stay the operation of the disease test order.
8 (3) The District Court cannot order a stay of a disease test order of
9 more than 48 hours from the time the disease test order is made.
10 (4) The District Court must hear and decide the appeal --
11 (a) within 48 hours after the disease test order is made; and
12 (b) in the absence of the public; and
13 (c) without adjourning the appeal.
14 (5) The District Court may allow or refuse to allow the appeal.
15 25. Appeal by public officer
16 (1) If a court decides not to make a disease test order under
17 section 19, the public officer who applied for the order may
18 appeal to the District Court against the decision.
19 (2) Unless the District Court otherwise orders, the appeal must be
20 filed without delay.
21 (3) The District Court must hear and decide the appeal --
22 (a) within 48 hours after the decision not to make a disease
23 test order; and
24 (b) in the absence of the public; and
25 (c) without adjourning the appeal.
26 (4) The District Court may allow or refuse to allow the appeal.
page 16
Mandatory Testing (Infectious Diseases) Bill 2014
General Part 4
s. 26
1 Part 4 -- General
2 26. Taking blood samples under disease test authorisation
3 (1) A police officer executing a disease test authorisation in relation
4 to a suspected transferor may ask a doctor, nurse or qualified
5 person to take a blood sample from the suspected transferor.
6 (2) When asking the doctor, nurse or qualified person to take the
7 blood sample, the police officer must produce for the doctor's,
8 nurse's or qualified person's inspection a copy of the disease
9 test authorisation.
10 (3) The doctor, nurse or qualified person may take a blood sample
11 from the suspected transferor in accordance with the disease test
12 authorisation.
13 (4) If help is needed for taking a blood sample, the doctor, nurse or
14 qualified person may ask another person to give any reasonably
15 necessary help.
16 (5) The doctor, nurse or qualified person, and a person helping the
17 doctor, nurse or qualified person, may use any reasonably
18 necessary force for taking the blood sample.
19 (6) The doctor, nurse or qualified person must immediately send the
20 sample to a pathology laboratory with appropriate facilities for
21 testing the sample for infectious diseases.
22 27. Analysis of blood samples
23 (1) An officer of a pathology laboratory may analyse, or arrange for
24 someone else to analyse, a blood sample sent to the pathology
25 laboratory under section 26.
26 (2) An officer of the pathology laboratory may destroy a blood
27 sample, or any part of the sample --
28 (a) before it has been used for the analysis or a further
29 analysis -- if it is not required for any analysis or
30 further analysis;
page 17
Mandatory Testing (Infectious Diseases) Bill 2014
Part 4 General
s. 28
1 (b) after it has been used for the analysis or a further
2 analysis -- if it is not required for any further analysis.
3 28. No payment may be required in relation to taking or testing
4 under disease test authorisation
5 A person who takes a sample under a disease test authorisation
6 cannot require any of the following persons to make any
7 payment (whether in money or money's worth) for or in relation
8 to the taking or testing of a blood sample under a disease test
9 authorisation --
10 (a) the suspected transferor;
11 (b) if the suspected transferor is a protected person -- a
12 responsible person, whether or not the responsible
13 person is a third party to the application, as those terms
14 are defined in section 15;
15 (c) if the suspected transferor is a deceased person, the
16 person who has lawful possession of the suspected
17 transferor's estate.
18 29. Restriction on disclosure of results of analysis
19 (1) In this section --
20 health professional has the meaning given in the Civil Liability
21 Act 2002 section 5PA;
22 senior next of kin, in relation to a deceased person, has the
23 meaning given in the Coroners Act 1996 section 37(5).
24 (2) A person who conducts an analysis of a blood sample under this
25 Act must not disclose the results of the analysis to any person
26 other than one or more of the following --
27 (a) an affected public officer;
28 (b) the Commissioner or any other public officer acting in
29 the course of duty;
30 (c) the suspected transferor;
page 18
Mandatory Testing (Infectious Diseases) Bill 2014
General Part 4
s. 29
1 (d) if the suspected transferor is a protected person -- a
2 responsible person;
3 (e) if the suspected transferor is a deceased person, the
4 senior next of kin of the suspected transferor;
5 (f) a doctor, nurse or other health professional involved in
6 treating or providing care for an affected public officer
7 or the suspected transferor;
8 (g) a psychiatrist, psychologist or social worker providing
9 counselling for an affected public officer or the
10 suspected transferor;
11 (h) a person to whom the disclosure is authorised or
12 required to be made under a written law;
13 (i) a prescribed person, or a person in a prescribed class of
14 persons.
15 Penalty: a fine of $9 000 and imprisonment for 9 months.
16 (3) A person referred to in subsection (2) to whom information is
17 disclosed under this section must not disclose the information
18 except to another person referred to in subsection (2).
19 Penalty: a fine of $9 000 and imprisonment for 9 months.
20 (4) Subsection (3) does not apply to an affected public officer
21 unless the disclosure is done --
22 (a) by way of a public disclosure through the mass media by
23 the affected public officer of the results of the analysis;
24 and
25 (b) in such a way as to reveal the identity of the suspected
26 transferor.
27 (5) Subsection (3) does not apply to the suspected transferor unless
28 the disclosure is done --
29 (a) by way of a public disclosure through the mass media by
30 the suspected transferor of the results of the analysis;
31 and
page 19
Mandatory Testing (Infectious Diseases) Bill 2014
Part 4 General
s. 30
1 (b) in such a way as to reveal the identity of the affected
2 public officer.
3 30. Prohibition on use of blood samples for other purposes
4 A person must not use a blood sample taken under this Act for
5 any purpose other than analysis under this Act.
6 Penalty: a fine of $9 000 and imprisonment for 9 months.
7 31. Certain evidence inadmissible
8 (1) In this section --
9 proceeding means a legal or other action or proceeding, other
10 than an action or proceeding under this Act.
11 (2) In a proceeding all of the following are not admissible in
12 evidence --
13 (a) the making of an application for a disease test
14 authorisation;
15 (b) the giving of a disease test authorisation;
16 (c) the results of an analysis of a blood sample under this
17 Act.
18 32. Protection from liability
19 (1) No civil or criminal liability attaches to a person for the
20 performance, or purported performance, in good faith, of a
21 function under this Act.
22 (2) If a person conducting an analysis of a blood sample under this
23 Act discloses the results of the analysis to a person referred to in
24 section 29(2), the disclosure is not to be regarded as --
25 (a) a breach of any duty of confidentiality or secrecy
26 imposed by law; or
27 (b) a breach of professional ethics or standards or any
28 principles of conduct applicable to the person's
29 employment; or
page 20
Mandatory Testing (Infectious Diseases) Bill 2014
General Part 4
s. 33
1 (c) unprofessional conduct.
2 33. Regulations
3 The Governor may make regulations prescribing all matters that
4 are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
6 purposes of this Act.
7 34. Review of this Act after 5 years
8 (1) The Minister must review the operation and effectiveness of this
9 Act as soon as practicable after the expiry of 5 years from the
10 commencement of section 3.
11 (2) The Minister must, as soon as practicable --
12 (a) prepare a report about the outcome of the review; and
13 (b) cause a copy of the report to be laid before each House
14 of Parliament.
15
page 21
Mandatory Testing (Infectious Diseases) Bill 2014
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
adult ...................................................................................................................... 4
affected public officer ........................................................................................... 4
application.................................................................................................. 7(1), 15
approved form .................................................................................................. 7(1)
bodily fluid............................................................................................................ 4
child ...................................................................................................................... 4
Commissioner ....................................................................................................... 4
court .................................................................................................................... 15
disease test approval ........................................................................................ 7(1)
disease test authorisation....................................................................................... 4
disease test order ................................................................................................. 15
doctor .................................................................................................................... 4
FOI Act ................................................................................................................. 5
health professional ......................................................................................... 29(1)
incapable person ................................................................................................... 4
infectious disease .................................................................................................. 4
lawyer ................................................................................................................. 15
nurse...................................................................................................................... 4
police officer ......................................................................................................... 4
police service employee ........................................................................................ 4
police-related officer ............................................................................................. 4
prescribed.............................................................................................................. 4
proceeding...................................................................................................... 31(1)
protected person .................................................................................................... 4
public officer ......................................................................................................... 4
qualified person..................................................................................................... 4
reasonable grounds for disease testing .................................................................. 4
remote communication .................................................................................... 7(1)
responsible person................................................................................................. 4
senior next of kin ........................................................................................... 29(1)
senior police officer ......................................................................................... 7(1)
suspected transferor .............................................................................................. 4
third party................................................................................................. 15, 17(2)
transfer of bodily fluid .......................................................................................... 4
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