Criminal Law (Forensic Procedures) (Blood Testing for Diseases) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (17:41): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

At the last State election the Government committed to introduce legislation to require an offender who bites or spits at a police officer to undertake a blood test for infectious diseases. This Bill, the Criminal Law (Forensic Procedures) (Blood Testing for Diseases) Amendment Bill 2015 delivers on that commitment. A similar Bill was introduced by the Government in 2014 and lapsed when Parliament was prorogued.

That Bill dealt only with protection to police officers. The current Bill has been extended beyond police officers to cover other categories of emergency workers who may also be at risk of contracting an infectious disease owing to violence inflicted on them in the course of their occupations.

Currently, in circumstances where an emergency worker is exposed to bodily fluids capable of transmitting an infectious disease, there is no means by which to compel the individual to provide a blood sample for the purpose of testing for infectious diseases. Approximately 700 police officers are assaulted in the line of duty each year. Many of these assaults, between 250 and 350 a year according to SAPOL figures, result in one or more officers coming into contact with an offenders bodily fluids and thus being put at risk of contracting an infectious disease.

Occupational violence is not confined to police officers. Other emergency workers are also assaulted in the course of their occupation including in circumstances where there is the risk of the transmission of an infectious disease. Research indicates that medical and nursing staff in accident and emergency wards and paramedics are at an equal, if not greater, risk of contracting an infectious disease as a result of being assaulted in the course of their occupations. Currently SAPOL offers blood testing to any officer who has had contact with an offender's bodily fluids, and is therefore at risk of having been exposed to, or contracted, an infectious disease. However, there is no obligation on an offender to be tested.

The current Bill builds on the existing framework in the Criminal Law (Forensic Procedures) Act 2008 and provides that any offender who is reasonably suspected of having committed a specified offence of violence against a police officer or other stated category of emergency worker can be compelled to undertake a blood test to test for the presence of infectious diseases where the emergency worker was exposed to the offender's bodily fluids and there is a risk that the emergency worker, in being so exposed, could have contracted an infectious disease.

The specified offences are assault, causing harm, causing serious harm, acts endangering life or creating risk of serious harm, riot, affray, assaulting and hindering police, violent disorder and any other serious offence of violence prescribed by regulation.

The Bill includes safeguards. Consistent with the existing procedures for forensic procedures in the Criminal Law (Forensic Procedures) Act 2008, the Bill provides that an offender can only be required to undertake a blood test upon the authorisation (to be recorded in writing) of a 'senior police officer', being an officer of or above the rank of Inspector. Further, the results of any test are inadmissible in any legal proceedings. The Bill also amends section 58 of the Criminal Law (Forensic Procedures) Act 2008 to make it clear that regulations made under the Act can regulate how tests are to be carried out and to whom the results may be released. These regulations will be drafted in consultation with SAPOL and SA Health.

It is also the intention that senior police officers will have regard to expert guidance of the risks of the transmission of infectious diseases in deciding if testing is appropriate under the Bill. A protocol will be developed between SA Health and SAPOL in close consultation with the Chief Public Health Officer to ensure senior police officers are properly informed and testing under the Bill is performed appropriately.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law (Forensic Procedures) Act 2007

4—Amendment of long title

This clause makes an amendment to the long title of the Act consequent upon the measure.

5—Amendment of section 3—Interpretation

This clause substitutes the definition of suspects procedure in section 3 of the principal Act.

6—Insertion of Part 2 Division 4

This clause inserts a new Division 4 into Part 2 of the principal Act as follows:

Division 4—Blood testing of certain persons for communicable diseases

20A—Interpretation

New section 20A defines key terms used in the new Division 4.

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

New section 20B allows a senior police officer to authorise the taking of blood from a suspect in the circumstances set out in subsection (1), and makes related procedural provisions.

7—Amendment of section 31—Use of force

This clause makes a consequential amendment.

8—Insertion of section 34A

This clause inserts new section 34A into the principal Act, which prevents forensic material obtained under new Part 2 Division 4 from being used for purposes other than testing the material for communicable diseases.

9—Insertion of section 39A

This clause inserts new section 39A into the principal Act, which requires the destruction of forensic material obtained under new Part 2 Division 4 as soon as is reasonably practicable after the material has been tested for communicable diseases in accordance with new section 34A.

10—Insertion of section 48A

This clause inserts new section 48A into the principal Act, which renders inadmissible specified results, admissions and statements relating to operation of new Part 2 Division 4, and prevents the reliance on those things to ground the obtaining or use of search warrants or powers.

11—Amendment of section 58—Regulations

This clause amends section 59(2) of the principal Act to enable regulations to be made under the Act in relation to the operation of new Part 2 Division 4.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

At 17:41 the council adjourned until Thursday 14 May 2015 at 14:15.