New South Wales Consolidated Acts

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MANDATORY DISEASE TESTING ACT 2021


- As at 29 July 2022 
- Act 13 of 2021 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Meaning of "mandatory testing order"
   6.      Concurrence of Health Minister
   7.      Use of blood samples by NSW Police Force

   PART 2 - APPLICATIONS FOR MANDATORY TESTING ORDERS

   8.      Application for mandatory testing order
   9.      Consultation with medical practitioner
   10.     Content of application for mandatory testing order

   PART 3 - DETERMINATION OF APPLICATIONS FOR MANDATORY TESTING ORDERS

   11.     Determination of application for mandatory testing order
   12.     Refusal of application for mandatory testing order
   13.     Notice of determination of application for mandatory testing order

   PART 4 - MANDATORY TESTING ORDERS FOR VULNERABLE THIRD PARTIES

   14.     Application to Court for mandatory testing order for vulnerable third party
   15.     Court may make mandatory testing order for vulnerable third party
   16.     Jurisdiction of Local Court and Children's Court
   17.     Court to continue to deal with application for mandatory testing order even if third party not vulnerable

   PART 5 - CONTENT AND SERVICE OF MANDATORY TESTING ORDERS

   18.     Content of mandatory testing order
   19.     Service of mandatory testing order

   PART 6 - CARRYING OUT OF MANDATORY TESTING

   20.     Carrying out of blood test
   21.     Functions of police officers and correctional officers for detained third parties
   22.     Results of blood test

   PART 7 - REVIEW BY CHIEF HEALTH OFFICER

   23.     Application for review by Chief Health Officer
   24.     Effect of application for review by third party
   25.     Determination of application for review by Chief Health Officer
   26.     Notice of determination of review by Chief Health Officer

   PART 8 - OFFENCES AND PROCEEDINGS

   27.     Failure to comply with mandatory testing order
   28.     False or misleading information
   29.     Disclosure of information
   30.     Proceedings for offences
   31.     Evidence not admissible in proceedings against third party
   32.     Personal liability and professional standards

   PART 9 - ADMINISTRATION

   33.     Guidelines
   34.     Costs
   35.     Delegation

   PART 10 - MISCELLANEOUS

   36.     Oversight of Act by Ombudsman
   37.     Review of Act
   38.     Regulations
           SCHEDULE 1
           SCHEDULE 2
           Dictionary


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