Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
5 Obligations on people with sexually transmitted diseases
(1) A person commits an offence if—
(a) the person is reckless about whether the person has, or may have, a sexually transmitted disease; and
(b) the person fails to consult a doctor or authorised nurse practitioner about the disease as soon as possible.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if—
(a) the person is a patient of a doctor or authorised nurse practitioner and is told by the doctor or nurse practitioner that the person has, or may have, a sexually transmitted disease; and
(b) the person fails to have the treatment recommended by the doctor or nurse practitioner until the person is cured of, or is free from, the disease.
Maximum penalty: 5 penalty units.
(3) Strict liability applies to subsection (1) (b).
(4) An offence against subsection (2) is a strict liability offence.
5A Notification about case of sexually transmitted disease
(1) A doctor or authorised nurse practitioner commits an offence if—
(a) the doctor or nurse practitioner has reasonable grounds to believe that a patient has, or may have, a sexually transmitted disease; and
(b) the doctor or nurse practitioner fails to notify the chief health officer about the case as soon as possible.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if the person includes in a notification mentioned in subsection (1) details that may identify the patient or the patient's address.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not apply if another Territory law requires or permits the details to be given.
(4) An offence against subsection (2) is a strict liability offence.
6 Notification about person contravening s 5 (2)
(1) If a patient of a doctor or authorised nurse practitioner fails to have the treatment recommended by the doctor or nurse practitioner as mentioned in section 5 (2), the doctor or nurse practitioner must notify the chief health officer about the case as soon as possible, giving details that may identify the patient and the patient's address.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
6A Notification by pathologist etc
(1) A person (the responsible person ) commits an offence if—
(a) a pathologist tests a specimen to find out if a person has, or may have, a sexually transmitted disease; and
(b) the test is positive; and
(c) the responsible person—
(i) is the pathologist, and is self-employed; or
(ii) employs the pathologist; or
(iii) is in charge of a laboratory at a hospital that employs the pathologist; and
(d) the responsible person fails to notify the chief health officer as soon as practicable—
(i) that the test is positive; and
(ii) the name and address of the doctor or authorised nurse practitioner who ordered the test or from whom the specimen was received.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if the person includes in a notification under subsection (1) the name of the person from whom the specimen was taken.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not apply if another Territory law requires or permits the name to be given.
(4) An offence against this section is a strict liability offence.
(5) In this section:
"pathologist" includes a laboratory assistant or technical officer employed in a laboratory.
7 Notice requiring medical examination
(1) The chief health officer may, by written notice, require a person to have a medical examination at the time and place stated in the notice if the chief health officer—
(a) receives a notification under section 6 (Notification about person contravening s 5 (2)) about the person; or
(b) has another reason for believing that the person has, or may have, a sexually transmitted disease.
(2) The person must have the medical examination.
(3) In this section:
"medical examination" means an examination by a doctor or authorised nurse practitioner.
7A Notice requiring medical examination of young person
(1) If a notice under section 7 (Notice requiring medical examination) is given to a person under 16 years old (the young person ), the chief health officer may give a copy of the notice to a parent or other person who has parental responsibility for the young person.
(2) A person commits an offence if—
(a) the person is given a copy of a notice under subsection (1); and
(b) the person fails to take all reasonable steps to ensure that the young person complies with the notice.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
(4) In this section:
"parental responsibility"—see the Children and Young People Act 1999 , section 18.