Mandatory Disease Testing Act 2021 (NSW)

Mandatory Disease Testing Act 2021 No 13

An Act to provide for mandatory blood testing of a person in circumstances where the person's bodily fluid comes into contact with a health, emergency or public sector worker as a result of the person's deliberate action and the worker may be at risk of contracting a blood-borne disease.

Part 1 Preliminary

1 Name of Act This Act is the Mandatory Disease Testing Act 2021.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are— (a) to provide for mandatory blood testing of a person in circumstances where— (i) a health, emergency or public sector worker to whom this Act applies comes into contact with the person's bodily fluid as a result of the person's deliberate action, and (ii) the worker is at risk of contracting a blood-borne disease as a result of the person's deliberate action, and (b) to encourage health, emergency and public sector workers to whom this Act applies to seek medical advice and information about the risks of contracting a blood-borne disease while at work, and (c) to protect and promote the health and wellbeing of health, emergency and public sector workers to whom this Act applies.

4 Definitions The Dictionary defines words used in this Act.

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

5 Meaning of "mandatory testing order" (1) In this Act, a mandatory testing order means an order that— (a) requires the third party in relation to whom the order is made to— (i) attend the place specified in the order as soon as practicable but no later than 2 business days after being served with the order, and (ii) provide the third party's blood to be tested for blood-borne diseases, and (b) authorises the third party's blood to be tested for the blood-borne diseases specified in the order. (2) A mandatory testing order may be made by— (a) a senior officer for the worker concerned under Part 3, or (b) the Court under Part 4, or (c) the Chief Health Officer under Part 7.