Public Health Act 2016

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

who is unconscious or otherwise unable —

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

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

a child; or

an incapable person;

related, by blood or marriage, to the incapable person; or

the incapable person’s de facto partner;

that is given by a person whom the Chief Health Officer reasonably believes is suitably qualified and experienced; and

that provides information about —

the risk of the transmission of the disease in the particular circumstances; and

the medical and social consequences of the transmission of the disease; and

how and where testing for the disease could be carried out;

in relation to a child, means any of the following persons —

a parent of the child;

a guardian of the child;

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

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

in relation to an incapable person, means any of the following persons —

a relative of the incapable person;

if the incapable person is under 18 years of age, a guardian of the incapable person or another person who has responsibility for the day‑to‑day care of the incapable person;

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

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 Division applies;

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

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

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph.