New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 16

16 Notification of test results-Category 3 medical condition

(1) If:

(a) a medical practitioner requests a serological or other prescribed test for the purpose of detecting whether a person is suffering from a Category 3 medical condition, and

(b) the test has a positive result,

the person who, in response to the request, certifies the result of the test to the medical practitioner must, as soon as practicable, send to the Director-General a report in the approved form that relates to the test but does not disclose the name or address of the patient if the medical condition is also a Category 5 medical condition.

(2) A person who is required to send a report under this section and fails to do so is guilty of an offence.

Maximum penalty: 50 penalty units.

(3) A medical practitioner who requests a person to carry out a test referred to in subsection (1) (a) must provide the person with sufficient information to enable the person to comply with subsection (1).

(4) A medical practitioner who, without reasonable excuse, fails to comply with subsection (3) within the prescribed period is guilty of an offence.

Maximum penalty: 50 penalty units.

(5) On receiving a report under subsection (1) that appears to the Director-General to be incomplete or contain incorrect information, the Director-General may require a medical practitioner involved in the treatment of the person the subject of the report to provide any information required to complete the report or correct the information.

(6) A medical practitioner who is subject to a requirement made under subsection (1) may comply with the requirement despite any other Act or law.