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Hospital Circular 15 /2005

Date Issued: 4 October 2005

Distribution: All hospitals, public health services, multi-purpose services and authorised private hospitals (“health services”)

Attention: Chief Executive Officers, Chief Medical Officers and private hospital proprietors

Subject: Guidelines on the compulsory testing provisions of the Health Act 1958

On 12 May 2005 the Health (Compulsory Testing) Act 2005 came into force. The Act amends Division 2A, Part 6 of the Health Act 1958 concerning examining and testing after incidents involving care-givers or custodians (“the compulsory testing provisions”).

These provisions:

• provide for the Secretary to the Department of Human Services (delegated to the Chief Health Officer) to order/authorise testing for specified infectious diseases;
• provide for specified health services to appoint a senior medical officer (“authorised senior medical officer”) to exercise certain powers under the Division;
• provide for authorised senior medical officers to order/authorise testing for specified infectious diseases where the tested person lacks capacity to consent or has died;
• provide for the test results to be provided to any of the persons to whom the disease(s) could have been transmitted (“the exposed person(s)”) and the person tested (“the source”);
• require a registered medical practitioner to provide counselling regarding the tests; and
• empower the Secretary to issue directions to health services and authorised senior medical officers regarding the exercise of their powers under the Division.

The attached Guidelines have been prepared to assist:

• all hospitals, public health services and multi-purpose services (“health services”), and
• care-givers and custodians, for example doctors, nurses, dentists, prison officers and police -

who may potentially be involved in an incident that could result in the transfer of HIV and/ or Hepatitis B, C, or D, in understanding the compulsory testing provisions of the Health Act 1958.

The guidelines outline:

• the basis for granting orders and authorisations under sections 120A & 120B of the Health Act;
• the process for seeking an order or authorisation by the Chief Health Officer; and
• governance issues for hospitals and health services that have authorised senior medical officers.

The guidelines also contain:

• directions under section 120DA regarding the appointment of authorised senior medical officers and record keeping requirements (Schedule 10);
• pro-forma orders and authorisations under sections 120A & 120B of the Health Act for hospitals with authorised senior medical officers (Schedules 3 to 6);
• requirements for a request to the Chief Health Officer for an order or authorisation under section 120A or 120B of the Health Act, including a sample of the forms to be used by the Chief Health Officer in making an order or authorisation (Schedules 7 to 9);
• flowcharts to assist you in understanding how the compulsory testing provisions are to be used (Schedules 1 & 2); and
• a list of approved private hospitals (Schedule 11).

It is expected that health services will incorporate the guidelines into their own internal protocol and policy documents. However, the guidelines are for guidance purposes only and have no legal effect.

Any updates to the guidelines and all directions will be provided to all health services via the hospital circular system and will also be made available on the internet at: www.health.vic.gov.au/ideas/regulations/comptest

For your information, the application of the compulsory testing provisions to persons other than care-givers or custodians is currently being reviewed as part of the Department of Human Services’ broader review of the Health Act 1958. See www.health.vic.gov.au/healthactreview

If you have any queries regarding these guidelines, please contact:

• Dr Danny Csutoros, Medical Advisor, BBV/STI Program, Communicable Diseases, Public Health on telephone (03) 9637 4136 or email: danny.csutoros@dhs.vic.gov.au ;
• Stephen Lodge, Manager, Legislation Review, Public Health on telephone (03) 9637 5509 or email: stephen.lodge@dhs.vic.gov.au ; or
• Anna Beesley, Legislation & Policy Officer, Legislation Review, Public Health on telephone (03) 9637 5040 or email: anna.beesley@dhs.vic.gov.au

Attachment 1
Guidelines on Division 2A, Part 6 of the Health Act 1958 - The Compulsory Testing Provisions - October 2005 (PDF File 504KB)

Dr Robert Hall
Director, Public Health & Chief Health Officer
Department of Human Services