Headshot of Terry Robinson - Accredited Specialist and General Counsel at Everingham Solomons TamworthIn recent legal news, the Mandatory Disease Testing Act (NSW) 2021 is now in force.

The new Legislation will allow heath, emergency services and public sector workers to request that a Mandatory Disease Test be conducted on a person who’s bodily fluids come in contact with the worker, while performing their duties, arising out of a deliberate act that causes the worker to be at risk of contracting a disease.

Essentially if a worker meets the above criteria, they will be required to meet with a medical practitioner within 24 hours (or as soon as reasonably practical, but no later than 72 hours after contact) to discuss their contact with another person’s bodily fluids.

Once this has occurred a senior officer can either make the mandatory order against the perpetrator of the fluid event or if that person is a vulnerable person, make an application to the Courts to make an order, requiring the perpetrator to submit to mandatory testing. The senior officer or the Court can also refuse to make the order if they feel that an order is not justified or if the third party will not voluntarily submit for disease testing.

It is an offence to fail to comply with a mandatory disease test order and also if you are a worker who provides false or misleading information to a senior officer. The penalty for both of these offences is a maximum of $1,100.00 or 12 months imprisonment or both.

The Solicitors at Everingham Solomons, keep up to date with all the latest legal news, so that you don’t have to, because Helping You is Our Business.

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