Victorian Consolidated Legislation

Health Act 1958 - SECT 120A

Orders for tests

120A. Orders for tests





(1) If the Secretary reasonably believes that-

   (a)  an incident has occurred, while a care-giver or custodian is acting in
        that capacity, in which, if any of those involved were infected by a
        specified infectious disease, the disease could have been transmitted
        to any of the other people involved; and

   (b)  any of those people to whom the disease could have been transmitted
        has been counselled by a registered medical practitioner about the
        risk of transmission of the disease in the particular circumstances
        and about the medical and social consequences of being infected with
        the disease and has consented to be tested for that disease; and





   (c)  any of those persons who, if he or she had the disease, could have
        transmitted it-

   (i)  has been offered counselling, irrespective of whether the offer was
        accepted, and has refused to be tested for the disease; or

   (ii) is unconscious or otherwise does not have the capacity to consent to
        be tested for the disease; and

   (d)  the making of the Order is necessary in the interest of rapid
        diagnosis and treatment for any of those involved-

the Secretary may make an Order under subsection (2).

(2) An Order referred to in subsection (1) must-

   (a)  be in writing;

   (b)  give details of the incident which led to its making;

   (c)  name the person to whom it applies;

   (d)  name the disease for which the person must be tested, which must be a
        disease for which another person has agreed to be tested under
        subsection (1)(b);

   (e)  require that the person named in the Order be tested for that disease;



   (f)  state where and when (or, in the case of a series of tests, the period
        within which) the tests must be undertaken;

   (g)  state the type of testing required.



(2A) The Secretary may also make an order under subsection (2) in respect of a
person who has died if the Secretary reasonably believes that subsection
(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-

   (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.

(3) An Order must not be made under this section if more than 3 months has
passed since the happening of the incident which would enable it to be made.

(4) Section 121(7) and (10) apply to an Order under this section.