Review of Mandatory Disease Testing Act

Overview

What’s this about?

The Department of Communities and Justice and NSW Police Force are conducting a statutory review of the Mandatory Disease Testing Act 2021, on behalf of the Attorney General and the Minister for Police and Counter-terrorism.

The purpose of this review is to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing the objectives, as required by section 37 of the Act.

The Mandatory Disease Testing Act and Scheme

The Act, which commenced on 29 July 2022, provides for a Mandatory Disease Testing Scheme. Under the Scheme, certain health, emergency or public sector workers may apply for a Mandatory Testing Order (MTO) against a third party if the worker, in the execution of their duty, has come into contact with the third party’s bodily fluids (blood, faeces, saliva, semen) through the third party’s deliberate action.

MTO applications are determined by senior officers under the Scheme, or, where the third party appears to be vulnerable, by a court. A vulnerable third party is a third party who:

• is at least 14 years of age but under 18 years of age; or
• has a mental health impairment or cognitive impairment that significantly affects their ability to consent to voluntarily provide a blood sample to be tested for blood-borne diseases.

If the MTO application is successful, the third party is required to be tested for specified blood-borne diseases.

Both workers and third parties can apply for the Chief Health Officer to review MTO applications determined by senior officers.

NSW Ombudsman’s oversight of the Act

Section 36 of the Act requires the NSW Ombudsman to monitor the Act’s operation and administration and provide reports on their monitoring. The Ombudsman’s report is first required as soon as practicable after 12 months of the Act’s commencement and every 3 years after the first report. The Ombudsman tabled its first monitoring report in February 2025. The Ombudsman’s report covers the 18-month period from 29 July 2022 to 31 December 2023.

This review will consider the findings and recommendations in the Ombudsman’s report.

How to provide feedback

The Department of Communities and Justice (DCJ) and NSW Police Force are seeking stakeholder feedback on the Act’s policy objectives and terms. To assist stakeholders in providing feedback, a consultation paper (PDF 646.09KB) has been prepared. The consultation paper includes targeted questions and highlights key issues, as informed by the Ombudsman’s report.

Please provide feedback by either emailing or mailing your submission using the consultation methods provided.

You may provide feedback using the DCJ submission form (DOCX 206.99KB) or via a free form submission. 

We may publish submissions we receive, where consent to publish has been given. If you do not want your submission or your identity to be published, please tell us this when you send your submission.

Feedback received will inform the review. The review report will be tabled in both Houses of Parliament as soon as practicable after the review is undertaken. 

Have your say

Have your say by 14 November 2025.

There are 2 ways to submit your feedback.

Documents