Terms used

In force

In this Act, unless the contrary intention appears —

adult means a person who has reached 18 years of age;

affected public officer means a public officer in relation to whom there are reasonable grounds for disease testing;

bodily fluid includes semen, blood and saliva;

child means a person who is under 18 years of age;

Commissioner means the Commissioner of Police;

disease test authorisation means —

(a)

a disease test approval as defined in section 7(1); or

(b)

a disease test order as defined in section 15;

doctor means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

incapable person means a person who is not a child and —

(a)

who for any reason is unable to give consent to being tested for an infectious disease; or

(b)

who is unconscious, deceased or otherwise unable —

(i)

to understand a request made to give consent to being tested for an infectious disease; or

(ii)

to communicate whether or not he or she consents to being tested for an infectious disease;

infectious disease means any of the following —

(a)

Human Immunodeficiency Virus (HIV) infection;

(b)

Hepatitis B;

(c)

Hepatitis C;

(d)

any other prescribed disease capable of being transmitted by the transfer of bodily fluid;

nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession;

police officer means a police officer acting in the course of duty;

police‑related officer means any of the following acting in the course of duty —

(a)

a person appointed under the Police Act 1892 Part III to be a special constable;

(b)

a person appointed under the Police Act 1892 Part IIIA to be an Aboriginal police liaison officer;

(c)

a person appointed under the Police Act 1892 Part IIIB to be a police auxiliary officer;

(d)

a police cadet within the meaning of the Police Act 1892;

police service employee means a person employed or engaged in the department of the Public Service principally assisting the Minister in the administration of the Police Act 1892 and acting in the course of duty;

prescribed means prescribed in regulations under this Act;

protected person means —

(a)

a child; or

(b)

an incapable person;

public officer means any of the following —

(a)

a police officer;

(b)

a police‑related officer;

(c)

a police service employee;

qualified person means —

(a)

the holder of —

(i)

a Certificate III in Pathology Collection from a college as defined in the Vocational Education and Training Act 1996 section 5(1); or

(ii)

an equivalent qualification from an institution based in another State or Territory or overseas;

(b)

in relation to the taking of a sample of a particular type — a person, or class of persons, prescribed for the taking of that type of sample;

reasonable grounds for disease testing means reasonable grounds for suspecting that there has been a transfer of bodily fluid from a suspected transferor to a public officer as a result of —

(a)

an assault by the suspected transferor against the public officer; or

(b)

the lawful apprehension or detention of the suspected transferor by the public officer; or

(c)

any other prescribed circumstance involving the suspected transferor and the public officer;

responsible person —

(a)

in relation to a suspected transferor who is a child, means any of the following persons —

(i)

a parent of the child;

(ii)

a guardian of the child;

(iii)

another adult person who has responsibility for the day‑to‑day care of the child;

(iv)

if no person mentioned in another subparagraph of this paragraph is available, a prescribed person, or a person in a prescribed class of persons;

(b)

in relation to a suspected transferor who is an incapable person other than a deceased person, means any of the following persons —

(i)

an adult relative of the incapable person;

(ii)

a person who is a guardian of the incapable person under the Guardianship and Administration Act 1990;

(iii)

a person who is an enduring guardian of the incapable person under the Guardianship and Administration Act 1990 and is authorised to perform functions in relation to the incapable person in the circumstances in which this Act applies;

(iv)

a person recognised as the incapable person’s advocate under the Disability Services Act 1993 section 32(2);

(v)

a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the incapable person;

(vi)

if no person mentioned in another subparagraph of this paragraph is available, a prescribed person, or a person in a prescribed class of persons;

(c)

in relation to a suspected transferor who is a deceased person, the person who has lawful custody of the suspected transferor’s body;

sample means a sample of blood, saliva, mucus, respiratory secretions or other material taken from a person;

suspected transferor, where there are reasonable grounds for disease testing, means the person from whom it is suspected the bodily fluid was transferred;

transfer of bodily fluid means the transfer of bodily fluid from one person into the anus, vagina, mucous membrane or broken skin of another person.

[Section 4 amended: No. 4 of 2018 s. 113; No. 21 of 2020 s. 5.]

Regulations

This provision refers to the regulations (prescribed in regulations, prescribed person, prescribed class). Made under this Act:

Mandatory Testing (Infectious Diseases) Regulations 2020

This Act’s bill:Explanatory memorandum Second reading speech

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4 Terms used