Interpretation
147FA Interpretation
In this Division:
affected member means a member in relation to whom there are grounds for disease testing.
child means a person who is under the age of 18 years.
court means the Local Court.
disease test approval means an approval under Subdivision 2 for the taking and testing of a blood sample from a transferor.
disease test authorisation means a disease test approval or a disease test order.
disease test order means an order of the court under Subdivision 3 authorising the taking and testing of a blood sample from a transferor, and includes a variation of the order under section 147FK(3).
grounds for disease testing, see section 147FB(5).
incapable person means a person who is not a child and who:
for any reason is unable to give consent to being tested for an infectious disease; or
is deceased, unconscious, or otherwise unable:
to understand a request to give consent to being tested for an infectious disease; or
to communicate whether or not the person consents to being tested for an infectious disease.
infectious disease
means any of the following:
Human Immunodeficiency Virus (HIV) infection;
Hepatitis B;
Hepatitis C;
another disease prescribed by regulation capable of being transmitted by the transfer of a substance.
nurse means a person registered under the Health Practitioner Regulation
National Law to practise in the nursing and midwifery profession as a nurse (other than as a student).
protected person means:
a child; or
an incapable person.
qualified person means a person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational Education and Training
Regulator Act 2011 (Cth)).
senior member means a member of or above the rank of superintendent.
substance means blood, saliva or faeces.
transfer of a substance means the transfer of a substance from a person into broken skin, or a mucous membrane, of a member.
transferor, where there are grounds for disease testing, means the person from whom it is suspected the substance was transferred.
In this Division, a person is a responsible person for a transferor in the following circumstances:
if the transferor is a child – the person is any of the following:
a parent of the child;
a guardian of the child;
another adult person who has responsibility for the day‑to‑day care of the child;
if no person mentioned in subparagraph (i) to (iii) is available
– a person, or a person in a class of persons, prescribed by regulation;
if the transferor is an incapable person other than a deceased person – the person is any of the following:
an adult relative of the incapable person;
a person who is a guardian of the incapable person under the Guardianship of Adults Act 2016;
a person who is a donee of an enduring power of attorney created by instrument under the Powers of Attorney Act 1980 and is authorised to perform functions in relation to the incapable person in the circumstances in which this Act applies;
a person who is a decision maker for the incapable person under the Advance
Personal Planning Act 2013 and is authorised to perform functions in relation to the incapable person in the circumstances in which this Act applies;
a person who is a carer (as defined in section 4 of the Carers Recognition
Act 2006) in relation to the incapable person;
if no person mentioned in subparagraph (i) to (v) is available –
a person, or a person in a class of persons, prescribed by regulation;
if the transferor is a deceased person –
the person has lawful custody of the transferor's body.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Second reading speech
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