(1) The Chief Health
Officer may make a test order in respect of a person (the relevant person ) if
the Chief Health Officer reasonably believes that —
(a) an
incident has occurred or a circumstance has arisen that could have resulted in
—
(i)
the relevant person, or biological material from the
relevant person, directly or indirectly transmitting a notifiable infectious
disease to another person; or
(ii)
a notifiable infectious disease being transmitted to the
relevant person;
and
(b) the
relevant person —
(i)
has been given relevant counselling; or
(ii)
has been offered relevant counselling, but has refused
the offer or has failed to take up the offer within a reasonable time; or
(iii)
is a protected person;
and
(c) any
of the following apply —
(i)
if paragraph (b)(i) or (ii) applies, the relevant person
has refused to be tested for the disease or has failed to be tested for the
disease within a reasonable time;
(ii)
if paragraph (b)(iii) applies, a person entitled to
consent to the relevant person being tested for the disease has refused that
consent or has failed to give that consent within a reasonable time, after
being given relevant counselling or, after having been offered relevant
counselling, having refused or failed to take up the offer within a reasonable
time;
(iii)
if paragraph (b)(iii) applies, it is not practicable in
the circumstances to obtain, from someone else, consent to the relevant person
being tested for the disease;
and
(d)
testing the relevant person for the disease is necessary for the purposes of
determining what steps (if any) need to be taken with respect to the clinical
or public health management and, if appropriate, treatment of the relevant
person or another person.
(2) The Chief Health
Officer may make a test order in respect of a deceased person if the Chief
Health Officer reasonably believes that —
(a)
either —
(i)
before or after the person’s death, an incident has
occurred or a circumstance has arisen that could have resulted in the deceased
person, or biological material from the deceased person, directly or
indirectly transmitting a notifiable infectious disease to another person; or
(ii)
before the person’s death, an incident has occurred
or a circumstance has arisen that could have resulted in a notifiable
infectious disease being transmitted to the deceased person;
and
(b)
testing the deceased person for the disease is necessary for the purposes of
determining what steps (if any) need to be taken with respect to —
(i)
the public health management of the deceased person; or
(ii)
the clinical or public health management and, if
appropriate, treatment of another person.
(3) Before making a
test order in respect of a deceased person, the Chief Health Officer must
consult with the senior next of kin of the deceased, unless the Chief Health
Officer reasonably believes that it is not practical in the circumstances to
undertake that consultation.