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CRIMINAL LAW (FORENSIC PROCEDURES) (BLOOD TESTING FOR DISEASES) AMENDMENT ACT 2015 (NO 11 OF 2015) - SECT 6

6—Insertion of Part 2 Division 4

After section 20 insert:

Division 4—Blood testing of certain persons for communicable diseases

20A—Interpretation

In this Division—

"accident or emergency department" of a hospital means the part of a hospital dedicated to the hospital's major accident and emergency functions, including those areas of the department used for administrative, waiting, reception, storage, diagnostic, treatment, consultation, triage and resuscitation functions and the access bays for ambulance and police;

"biological material" of a person means the person's blood or bodily fluids or any other biological material of the person that is capable of communicating or transmitting a disease;

"emergency services provider" means—

            (a)         South Australian Country Fire Service; or

            (b)         South Australian Metropolitan Fire Service; or

            (c)         South Australian State Emergency Service; or

            (d)         SA Ambulance Service Inc; or

            (e)         St John Ambulance Australia South Australia Incorporated; or

            (f)         Surf Life Saving South Australia Incorporated; or

            (g)         a volunteer marine rescue association accredited by the State Marine Rescue Committee to perform search and rescue functions; or

            (h)         the accident or emergency department of a hospital;

"emergency work" means work carried out (whether or not in response to an emergency) by or on behalf of an emergency services provider;

"hospital" means the site of an incorporated hospital or private hospital (both within the meaning of the Health Care Act 2008

) at which the health services provided by the hospital include services provided on a live-in basis;

"medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession;

"prescribed employment"—the following is prescribed employment:

            (a)         employment as a police officer;

            (b)         employment in emergency work (whether carried out for remuneration or on a voluntary basis);

            (c)         employment as a medical practitioner in a hospital;

            (d)         employment as a nurse or midwife in a hospital;

            (e)         employment in the provision of assistance or services, in a hospital, to a medical practitioner, nurse or midwife acting in the course of his or her employment in the hospital;

"prescribed serious offence"—the following are prescribed serious offences:

            (a)         an offence against section 20 of the Criminal Law Consolidation Act 1935

where the victim is a person engaged in prescribed employment acting in the course of his or her official duties;

            (b)         an offence against section 23 of the Criminal Law Consolidation Act 1935

where the victim is a person engaged in prescribed employment acting in the course of his or her official duties;

            (c)         an offence against section 24 of the Criminal Law Consolidation Act 1935

where the victim is a person engaged in prescribed employment acting in the course of his or her official duties;

            (d)         an offence against section 29 of the Criminal Law Consolidation Act 1935

where the victim is a person engaged in prescribed employment acting in the course of his or her official duties;

            (e)         an offence against Part 3A of the Criminal Law Consolidation Act 1935

;

            (f)         an offence against section 6 of the Summary Offences Act 1953

;

            (g)         an offence against section 6A of the Summary Offences Act 1953

;

            (h)         any other serious offence prescribed by the regulations.

20B—Senior police officer may require certain persons to provide blood sample

        (1)         A forensic procedure consisting of the taking of a sample of blood may be carried out on a person under this Division if a senior police officer (the "authorising officer ) is satisfied that—

            (a)         the person is suspected of a prescribed serious offence; and

            (b)         it is likely that a person engaged in prescribed employment came into contact with, or was otherwise exposed to, biological material of the person as a result of the suspected offence.

        (2)         The authorising officer must make a written record of the grounds on which he or she determined that the forensic procedure should be carried out on a person under this Division and a copy of the record must be given to the person.

        (3)         For the avoidance of doubt, a forensic procedure may be carried out on a person under this Division whether or not the person is in lawful custody.

        (4)         This section applies whether the relevant offence was committed before, on or after the commencement of this section.



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