Introduction

Sections 120A to 120DA of the Health Act relate to compulsory testing orders and were recently amended by the Health (Compulsory Testing) Act 2005. In broad terms, the provisions:

a) Provide for the Secretary to order/authorise testing for HIV or hepatitis B, C or D where certain requirements are met, including:

(i) there is an incident involving a caregiver or custodian where HIV or hepatitis B, C or D could have been transferred if one of the people involved in the incident had that disease; and

(ii) the tested person refuses to be tested for HIV or hepatitis B, C or D; or lacks capacity to consent to the test or is dead.

b) Provide for certain hospitals or health services to appoint a senior medical officer to exercise certain powers under the Act.

c) Provide for the senior medical officers to order/authorise testing for HIV or hepatitis B, C or D where certain requirements are met, including:

(i) there is an incident involving a caregiver or custodian where HIV or hepatitis B, C or D could have been transferred if one of the people involved in the incident had that disease; and

(ii) the tested person lacks capacity to consent to the test or is dead.

d) Require counselling regarding certain tests.

e) Empower the Secretary to issue directions.

Guidelines

Following release of draft guidelines and consultation with key stakeholders, the Public Health Group has finalised guidelines on the compulsory testing provisions - Guidelines on Division 2A, Part 6 of the Health Act 1958 - The Compulsory Testing Provisions (October 2005)

The Guidelines have the following schedules:

• Schedule 1 Flowchart for hospitals with authorised senior medical officers
• Schedule 2 Flowchart for hospitals or other institutions without an authorised senior medical officer
• Schedule 3 Order of an authorised senior medical officer under section 120A of the Health Act 1958
• Schedule 4 Authorisation of a senior medical officer under section 120B of the Health Act 1958
• Schedule 5 Order of an authorised senior medical officer under section 120A of the Health Act 1958 (Approved Private Hospital)
• Schedule 6 Authorisation of a senior medical officer under section 120B of the Health Act 1958 (Approved Private Hospital)
• Schedule 7 Requirements for a request to the Chief Health Officer for an order or authorisation under section 120A or 120B of the Health Act 1958
• Schedule 8 Order of the Chief Health Officer under section 120A of the Health Act 1958
• Schedule 9 Authorisation of the Chief Health Officer under section 120B of the Health Act 1958
• Schedule 10 Health Act 1958 – Directions about orders or authorisations
• Schedule 11 Health Act 1958 – Approved Private Hospitals
• Schedule 12 Health Act 1958 – Relevant Excerpts

Download of Guidelines

Guidelines on Division 2A, Part 6 of the Health Act 1958 The compulsory testing provisions (498kb, pdf)

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Download of schedules

Schedules 3-7 of the above Guidelines are available in word format as separate downloads below.

Schedule 3 - Order of an authorised senior medical officer under Section 120A of the Health Act 1958 - Form not for use by approved private hospitals (47kb, MS word)

Schedule 4 - Authorisation of an authorised senior medical officer under Section 120B of the Health Act 1958 - Form not for use by approved private hospitals (50kb, MS word)

Schedule 5 - Order of an authorised senior medical officer under Section 120A of the Health Act 1958 - Form for use by approved private hospitals (47kb, MS word)

Schedule 6 - Authorisation of an authorised senior medical officer under Section 120B of the Health Act 1958 - Form for use by approved private hospitals (49kb, MS word)

Schedule 7 - Requirements for a request to the Chief Health Officer for an order or authorisation under Section 120A of the Health Act 1958 (31kb, MS word)

Review and Comments

It is proposed that a review of the guidelines will commence in 2007.

If you have any comments or require further information please feel free to contact:

• Dr Danny Csutoros, Medical Adviser, BBV/STI Program, Communicable Diseases, Public Health on (61 3) 9096 5170; or
• Stephen Lodge, Manager, Legislation Review, Public Health on (61 3) 9096 5509; or
• Anna Beesley, Legislation & Policy Officer, Legislation Review, Public Health on (61 3) 9096 5040.

Secretarial Directions under section 120DA of the Health Act

Section 120DA of the Health Act 1958 enables the Secretary to the Department of Human Services to issue directions to hospitals, public health services, multi purpose services, proprietors of registered hospitals and authorised senior medical officers regarding aspects related to compulsory testing orders under sections 120A to 120DA of the Health Act.

Secretarial Directions are in Schedule 10 of the above Guidelines and are also available as a separate download below.

Schedule 10 - Secretarial Directions (162kb, pdf)

Private hospitals approved by the Secretary to appoint authorised senior medical officers

Section 120AB of the Health Act 1958 provides that certain hospitals may authorise a senior medical officer to exercise specified powers under the Act. Section 120AB(1)(a) provides that all denominational hospitals, public hospitals, public health services and multi purpose services may authorise senior medical officers. Section 120AB(1)(b) provides that the proprietor of a private hospital may authorise senior medical officers if the Secretary has approved the private hospital under section 120AB(1)(b)(ii) to do so.

On 4 October 2005, the following private hospitals were approved by Dr Robert Hall, Chief Health Officer, as delegate of the Secretary to the Department of Human Services, to appoint authorised senior medical officers in accordance with section 120AB(1)(b):

The list of approved private hospitals is included in Schedule 11 to the above guideline and are also available as a separate download below.

Schedule 11 - Private hospitals approved by the Secretary to appoint authorised senior medical officers (1,202kb, pdf)