Monitor operation of the Mandatory Disease Testing Act

We monitor the operation and administration of the Mandatory Disease Testing Act 2021. This includes monitoring how agencies exercise their functions under the Act.

The Act provides for the mandatory blood testing of a person. This can occur when the person’s bodily fluid comes into contact with a health, emergency or public sector worker:

  • as the result of the person’s deliberate action, and
  • the worker may be at risk of contracting a blood-borne virus.

Agencies must notify the Ombudsman after determining a mandatory testing order application. The Chief Health Officer must also notify the Ombudsman following determination of a review. Any notification should be sent to

Monitoring the Act

We must prepare a report about our monitoring as soon as possible 12 months after commencement. We must then prepare reports every 3 years. To prepare our report we may require certain people to provide information.

The Mandatory Disease Testing Act 2021 came into force in NSW on 29 July 2022. We made a submission about the Mandatory Disease Testing Bill here.

The Chief Health Officer has issued guidelines to assist people with functions under the Act.

The Department of Communities and Justice has information and fact sheets about the scheme.

Contact us

If you have a complaint about an MTO you can contact us for information about which agency may be able to assist you resolve it.

If you would like further information email