Mandatory Disease Testing Regulation 2022

This Regulation is the Mandatory Disease Testing Regulation 2022.

This Regulation commences on 29 July 2022.

In this Regulation—

the Act means the Mandatory Disease Testing Act 2021.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

For the Act, section 18(1)(g), a mandatory testing order must include the following—

the name and contact details of the medical practice, if any, at which the medical practitioner specified in the mandatory testing order works,

the date of birth of the third party, if known,

for a mandatory testing order made by a senior officer—a statement of the following—

the third party may apply to the Chief Health Officer under the Act, section 23 for a review of the senior officer’s decision to make the mandatory testing order,

the application for a review must be made by the third party within 1 business day of the third party being notified of the senior officer’s decision.

For the Act, section 18(2), the form for a mandatory testing order is prescribed in Schedule 1.

Submissions made under the Act, sections 11(3)(a) and 11(4)(b) may be—

written or oral, and

given by audio or audio visual means.

To avoid doubt, a medical practitioner authorised by a worker to receive the third party’s blood test results on the worker’s behalf under the Act, section 22(1)(a) may disclose the blood test results to the worker.

An application for review made by a worker under the Act, section 23(1) must include a copy of the senior officer’s determination and the reasons for the determination.

An application for review made by a third party under the Act, section 23(3) must include the following—

a copy of the mandatory testing order,

a copy of the third party’s written submissions made to the senior officer under the Act, section 11(4)(b), if any.

For the Act, section 35(1), the class comprising the following persons is prescribed—

NSW Health Service senior executives,

Public Service senior executives employed in Corrective Services NSW,

Public Service senior executives employed within the Ministry of Health,

Public Service senior executives employed in Youth Justice NSW within the Department of Communities and Justice,

the Sheriff.

For the Act, section 35(2), the class comprising the following persons is prescribed—

NSW Health Service senior executives,

Public Service senior executives employed within the Ministry of Health.

In this section—

Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

NSW Health Service senior executive has the same meaning as in the Health Services Act 1997.

Public Service senior executive has the same meaning as in the Government Sector Employment Act 2013.

Sheriff has the same meaning as in the Sheriff Act 2005.

The following are prescribed as a class of workers for the Act, Dictionary, definition of worker—

a Commissioner of the Law Enforcement Conduct Commission (the LECC),

a member of staff of the LECC.

The Secretary is both the senior officer and the funding provider for a Commissioner of the LECC.

The senior officer for a member of staff of the LECC is the Chief Commissioner of the LECC.

The funding provider for a member of staff of the LECC is the Secretary.