Victorian Consolidated Legislation

Health Act 1958 - SECT 120AC

Post test or authorisation counselling

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 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 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.

(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 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 or otherwise) which, by law, parents have in relation to
        children; and

   (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 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 an infectious disease, the effects of that
disease on an infected person and the risk to public health of the disease.