74AA Medical laboratories to give notice of cases of notifiable disease

(1)

The person in charge of a medical laboratory must take all reasonably practicable steps to ensure that there are in place in it efficient systems for reporting to him or her (or to any other person for the time being in charge of it) the results of a test or other procedure undertaken in it that indicate that a person or thing is, has been, or may be or have been, infected with a notifiable disease.

(2)

The person for the time being in charge of a medical laboratory to whom results are reported under subsection (1) (or who himself or herself becomes aware of results of a kind to which that subsection applies) must immediately tell the health practitioner for whom the test or other procedure concerned was undertaken, and the medical officer of health, of the infectious nature of the disease concerned.

(2A)

A person in charge of a medical laboratory who gives notice of a notifiable disease under subsection (2) must not disclose identifying information of a person who is, or has been, or may be or may have been, infected with a disease specified in section C of Part 1 of Schedule 1.

(2B)

Despite subsection (2A), a medical officer of health may require a person in charge of a medical laboratory to disclose identifying information of the person who is, or has been, or may be or may have been, infected with a disease if disclosure of the identifying information is necessary to respond effectively to a public health risk.

(3)

A person who fails to comply with subsection (2)—

(a)

commits an offence against this Act; and

(b)

is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.

Section 74AA: inserted, on 18 December 2007, by section 8 of the Health Amendment Act 2006 (2006 No 86).

Section 74AA(2A): inserted, on 4 January 2017, by section 8 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74AA(2B): inserted, on 4 January 2017, by section 8 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74AA(3)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).