Public Health Act 2016

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 —

an incident has occurred or a circumstance has arisen that could have resulted in —

the relevant person, or biological material from the relevant person, directly or indirectly transmitting a notifiable infectious disease to another person; or

a notifiable infectious disease being transmitted to the relevant person;

the relevant person —

has been given relevant counselling; or

has been offered relevant counselling, but has refused the offer or has failed to take up the offer within a reasonable time; or

is a protected person;

any of the following apply —

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;

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;

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;

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.

The Chief Health Officer may make a test order in respect of a deceased person if the Chief Health Officer reasonably believes that —

either —

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

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;

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 —

the public health management of the deceased person; or

the clinical or public health management and, if appropriate, treatment of another person.

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.