Police Powers and Responsibilities Act 2000

This section applies to the consideration of an application for a disease test order.

The magistrate or Childrens Court—

must hear and decide the application with as little delay as possible and in the absence of the public; and

may, in extraordinary circumstances, adjourn the application for no more than 24 hours to allow further evidence to be put before the magistrate or Childrens Court; and

must not hear the application unless satisfied the relevant person has been informed of the right to be represented by a lawyer at the hearing.

Also, the victim of the chapter 18 offence can not be compelled to give evidence at the hearing.

If the relevant person, or the relevant person’s lawyer, is present when the application is being heard, the relevant person or the lawyer may make submissions to the magistrate or Childrens Court, but not submissions that will unduly delay the consideration of the application.

If the magistrate or Childrens Court is satisfied there are reasonable grounds for suspecting a chapter 18 offence has been committed and, in the circumstances of the offence, a blood and urine sample should be taken from the relevant person, the magistrate or Childrens Court may make a disease test order in relation to the relevant person.