Criminal Law (Forensic Procedures) (Blood Testing) Amendment Bill 2024

The Hon. J.S. LEE (15:48):

I rise today to speak on the Criminal Law (Forensic Procedures) (Blood Testing) Amendment Bill 2024. This bill would make amendments to the Criminal Law (Forensic Procedures) Act 2007 to compel offenders who bite or spit on police officers or emergency workers to undergo blood testing for communicable diseases. In speaking to the bill, I want to express my thanks and support to all frontline emergency workers, who take on high-risk roles to protect and keep our community safe. Unfortunately, police and emergency workers are all too often harmed, assaulted, bitten or spat upon in the course of doing their day-to-day duties.

Antisocial behaviour that puts police and emergency workers at risk of transmission of communicable diseases that cause physical injury and also psychological harm is completely unacceptable, and this bill seeks to address these issues. It is important to note that there are already existing provisions in the act which provide a mechanism for a senior police officer to authorise a blood test from a person who assaults a police officer or other emergency services worker and where it is likely that they were exposed to the offender's biological material as a result.

One of the key elements of this bill is the inclusion of a provision that if the police officer or emergency services worker requests, within a set timeframe, that the offender undergoes a blood test, that procedure must be authorised. While the bill before us sets out that such a request must be made within six months of the incident, I understand the Hon. Robert Simms will be moving an amendment to alter this timeframe to within seven days of the incident.

I understand the government's intent with this bill is to provide reassurance for police officers and emergency services workers who may experience extreme stress or anxiety by ensuring that the affected workers have timely access to information about whether they have been exposed to bloodborne diseases. I believe the honourable member's amendments align with this intent and that a seven-day time period, unless there are extenuating circumstances, is reasonable.

The bill also makes changes to the existing definitions in the act to expand the scope of emergency workers captured, including police security officers, registered health professionals and youth justice workers. This will ensure that all those working in an environment where there is a high risk of being bitten or spat on will have the same access to this provision.

Finally, I note that there is a carve-out for a protected person, defined in the act as a child or any person physically or mentally incapable of understanding the nature and consequences of a forensic procedure. This is a sensible exemption that still retains the existing discretion. Our police and emergency services face challenging circumstances every day in the course of their duties and this bill aims to address some of the anxiety that can impact on their mental health and wellbeing.

With that, I indicate that I will be supporting the bill and I also indicate that I will oppose the amendment by the Hon. Connie Bonaros, but will closely consider the amendments proposed by the Hon. Robert Simms during the committee stage. With those remarks, I commend the bill.