Local Court Bench Book — Specific Penalties and Orders

Currency

Commenced 29 July 2022.

Jurisdiction

Section 30: Proceedings for an offence under this Act are to be dealt with summarily before the Local Court.

Section 16(1): Pt 4 Local Court Act 2007 applies to proceedings in relation to an application to the Local Court for a mandatory testing order.

Section 16(3): An application for a mandatory testing order for a third party who is under 18 years of age is to be made to the Children’s Court. An application for a mandatory testing order may not be made if the third party is under the age of 14 years: s 8(2). Mandatory testing order procedures in the Children’s Court are set out in Children’s Court Practice Note 16.

Application for mandatory testing order

A worker may apply to a senior officer for a mandatory testing order if the worker has come into contact with a third party’s bodily fluid in the execution of the worker’s duty, as a result of a deliberate action of the third party, and without the worker’s consent: s 8(1). An application may only be made if the worker has consulted a relevant medical practitioner as soon as reasonably practicable and no later than 24 hours after contact occurred, or 72 hours if reasonable in the circumstances: ss 8(3), 9(1)–(2). Section 10 prescribes the content of an application.

Determination of application

A senior officer must determine the application within 3 days, unless a longer period is necessary in the circumstances: s 11(2). If the application relates to a vulnerable third party, the senior officer must apply to the court for a mandatory testing order or refuse the application: s 11(1)(a). The court may make the order if satisfied on the balance of probabilities it is justified in all the circumstances taking into account:

Content of order

Section 18: prescribes contents of the mandatory testing order. Sch 1 in Mandatory Disease Testing Regulation 2022 prescribes the Form of mandatory testing order.

Service

A registrar is to personally serve a copy of a mandatory testing order on the third party if present in court when the order is made: s 19(2). If the third party is not present, or the order is not served, in court, s 19(3) provides for requirements of service by the registrar and senior officer.

Review

Part 7: applications can be reviewed by the Chief Health Officer within 3 business days after receiving the application.

Section 16(2): Section 70 Local Court Act 2007 (Appeals) does not apply to mandatory testing applications/orders.

The Mandatory Disease Testing Regulation 2022 provides for various regulatory matters.