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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health (Compulsory Testing) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Orders for tests 2
4. New sections 120AB and 120AC inserted 3
120AB. Further Orders or authorisations for tests 3
120AC. Post test or authorisation counselling 5
5. New section 120DA inserted 6
120DA. Directions about Orders or authorisations 6
ENDNOTES 8
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551287B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Health Act 1958 to make further provision for the
compulsory testing of patients for specified infectious diseases.
Health (Compulsory Testing) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Health Act 1958 to make further provision for the
compulsory testing of patients for specified
infectious diseases.
5
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Health (Compulsory Testing) Act 2005
s. 3
Act No.
3. Orders for tests
See: (1) For section 120A(1)(c) of the Health Act 1958
Act No.
substitute--
6270.
Reprint No. 10
"(c) any of those persons who, if he or she had
as at
1 July 2002
the disease, could have transmitted it--
5 and
amending
(i) has been offered counselling,
Act Nos
irrespective of whether the offer was
48/1988,
46/2003,
accepted, and has refused to be tested
36/2004 and
for the disease; or
108/2004.
LawToday:
(ii) is unconscious or otherwise does not
www.dms.
10
dpc.vic.
have the capacity to consent to be
gov.au
tested for the disease; and".
(2) For section 120A(2)(e) of the Health Act 1958
substitute--
"(e) require that the person named in the Order be
15
tested for that disease;".
(3) After section 120A(2) of the Health Act 1958
insert--
"(2A) The Secretary may also make an order under
sub-section (2) in respect of a person who
20
has died if the Secretary reasonably believes
that sub-section (1)(a), (b) and (d) applies.
(2B) For the purposes of this section a person is to
be treated as not having the capacity to
consent to be tested even if--
25
(a) the lack of capacity is due to a
temporary cause; or
(b) there is another person who has the
capacity to consent to testing on that
person's behalf.".
30
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551287B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Health (Compulsory Testing) Act 2005
s. 4
Act No.
4. New sections 120AB and 120AC inserted
After section 120A of the Health Act 1958
insert--
"120AB. Further Orders or authorisations for tests
(1) This section only applies to a senior medical
5
officer who is--
(a) employed or engaged by, or performs
work for--
(i) a denominational hospital listed in
Schedule 2 to the Health Services
10
Act 1988; or
(ii) a public hospital listed in
Schedule 1 to that Act; or
(iii) a public health service listed in
Schedule 5 to that Act; or
15
(iv) a multi purpose service within the
meaning of that Act--
and is authorised by that hospital or
service or the chief executive officer of
that hospital or service to make orders
20
or authorise testing for the purposes of
this section; or
(b) employed or engaged by or performs
work for, the proprietor of a private
hospital that is--
25
(i) registered under Part 4 of the
Health Services Act 1988; and
(ii) approved by the Secretary for the
purposes of this section--
and is authorised by the proprietor or
30
chief executive officer of that hospital
to make orders or authorise testing for
the purposes of this section.
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Health (Compulsory Testing) Act 2005
s. 4
Act No.
(2) A senior medical officer has all the powers
that the Secretary has to--
(a) make an Order in the circumstances
specified in section 120A(1)(c)(ii) or
120A(2A); or
5
(b) authorise testing under section 120B in
the circumstances specified in section
120A(1)(c)(ii) or 120A(2A)--
in relation to the hospital or health service
where that medical officer is employed or
10
engaged or performs work.
(3) This Division applies to--
(a) an Order made by a senior medical
officer and a test made under such
an Order as if the Order were an
15
Order made by the Secretary under
section 120A; and
(b) an authorisation made by a senior
medical officer and a test made under
such an authorisation as if the
20
authorisation were an authorisation
made by the Secretary under
section 120B.
(4) Despite sub-section (3) and section 120A(4),
section 121(10) does not apply to an Order
25
or authorisation made by a senior medical
officer.
(5) Sections 120C(3) and (4) and 120D apply in
relation to an Order or authorisation made by
an authorised senior medical officer as if a
30
reference to the Secretary were a reference to
the authorised senior medical officer.
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s. 4
Act No.
(6) Section 137 applies to a pathologist who
gives information to an authorised senior
medical officer in relation to a test made
under an Order or authorisation given under
this section as if the information were given
5
to the Secretary.
120AC. Post test or authorisation counselling
(1) A person who made an Order in the
circumstances specified in section
120A(1)(c)(ii) or 120A(2A) or authorised
10
the testing of a person's blood under
section 120B in the circumstances specified
in section 120A(1)(c)(ii) or 120A(2A) must
ensure that the relevant person is counselled
by a registered medical practitioner in
15
accordance with this section.
(2) The person tested or whose blood was tested
must be counselled as soon as is practicable
if the person has regained capacity to consent
to testing after the testing.
20
(3) If the person tested under the Order or whose
blood was tested under an authorisation died
before the testing or does not have or regain
capacity to consent to testing, the person
who made the Order or gave the
25
authorisation must ensure that--
(a) in the case of a minor, a parent or any
other person who has all the duties,
powers and responsibilities and
authority (whether conferred by a court
30
or otherwise) which, by law, parents
have in relation to children; and
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s. 5
Act No.
(b) in any other case, any person
responsible under the Guardianship
and Administration Act 1986 for the
person tested--
is counselled by a registered medical
5
practitioner.
(4) The person counselled must be provided
with details of the test conducted, the reasons
why the test was conducted, the results of the
test and, if the test indicated the presence of
10
an infectious disease, the effects of that
disease on an infected person and the risk to
public health of the disease.".
5. New section 120DA inserted
After section 120D of the Health Act 1958
15
insert--
"120DA. Directions about Orders or authorisations
(1) The Secretary may give directions to a
hospital, public health service, multi
purpose service, proprietor or an authorised
20
senior medical officer referred to in
section 120AB(1) about the following--
(a) the requirements for persons suitable to
be authorised as a senior medical
officer for the purposes of making
25
Orders or authorisations under this
Division;
(b) the process for authorising a person to
be a senior medical officer for the
purposes of making Orders or
30
authorisations under this Division;
(c) the information to be provided by the
hospital, public health service, multi
purpose service or proprietor to the
authorised senior medical officer;
35
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Act No.
(d) the matters that an authorised senior
medical officer must take into account
in deciding whether to make an Order
or authorisation under this Division;
(e) the procedures to be followed by an
5
authorised senior medical officer before
or after making an Order or
authorisation under this Division;
(f) the requirements to be complied with
by an authorised senior medical officer
10
about the keeping of records and
reporting to the hospital, public health
service, multi purpose service,
proprietor or Secretary;
(g) the provision of counselling or
15
information required by section 120AC.
(2) The hospital, public health service, multi
purpose service, proprietor or authorised
senior medical officer must comply with any
direction given by the Secretary under this
20
section.".
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Health (Compulsory Testing) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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