Criminal Law (Forensic Procedures) (Blood Testing) Amendment Bill - Second Reading
Wednesday 20 August 2025
S.E. ANDREWS (Gibson) (16:19): I rise today to speak in support of the Criminal Law (Forensic Procedures) (Blood Testing) Amendment Bill 2024, a critical and timely piece of legislation that delivers on a commitment made by this government to the people of South Australia and in particular to our frontline emergency service workers. This bill is the direct result of a key election commitment made by the South Australian Labor government as part of its policy platform of 'keeping our police safe for the future'. That commitment was simple and uncompromising. If you spit on or bite a police officer, paramedic, nurse, firefighter or other emergency responder, you will be compelled to provide a blood sample for testing.
Every day emergency service workers put themselves in harm's way to protect our community. They attend dangerous incidents, de-escalate violence, treat the injured, and respond to crises with professionalism and compassion. But increasingly these workers face unacceptable abuse, particularly in the form of deliberate acts such as spitting and biting. These actions are not only degrading and traumatic but they also carry the real risk of disease transmission, including HIV, hepatitis B and C and other bloodborne viruses. The emotional toll on affected workers, who may have to wait weeks or months to know whether or not they have been infected, is immense and enduring.
Prior to this bill, there was no clear mechanism to compel offenders to undergo blood testing in these situations, leaving frontline workers in a cruel and unnecessary state of medical uncertainty. This bill changes that. The SA Labor policy document 'Keeping our police safe for the future' recognised that the growing number of assaults on police and emergency workers demanded not only tougher penalties but also practical legislative tools to protect their physical and psychological wellbeing.
This bill gives effect to a key policy proposal in that document. We will introduce legislation to allow for compulsory blood testing of individuals who deliberately bite or spit on police and emergency workers, so affected personnel can get answers quickly about potential exposure to disease. That promise was made in good faith to our emergency workers, to unions representing those workers and to the wider community, who expect that assaults on frontline staff will be met with swift, sensible legal consequences. Today, through this bill, we honour that promise.
This bill would not exist without the tireless and passionate advocacy of South Australia's trade unions, particularly those representing emergency service personnel. The Police Association of South Australia has long called for a clear legal mechanism to support officers assaulted in the line of duty. They have made it unequivocally clear that officers who are spat on or bitten should not be left in limbo while waiting for test results. Their advocacy on this issue has been consistent and deeply rooted in the lived experience of their members.
The Ambulance Employees Association and the Australian Nursing and Midwifery Federation have similarly stood up for paramedics and nurses who are frequently exposed to violent or abusive behaviour in high-pressure environments. These unions have been instrumental in ensuring that the bill applies not only to police but to all emergency service workers because no frontline worker should be treated as expendable. The United Firefighters Union and representatives of Correctional and child protection staff also added their voices to the call, recognising that this is a cross-sector issue affecting all corners of our public safety infrastructure. These unions have provided real-world case studies, expert advice and legal insight that shaped the bill before us. They have done more than advocate. They have co-designed a legislative framework that is just, proportionate and workable.
The Criminal Law (Forensic Procedures) (Blood Testing) Bill empowers senior police officers to authorise the taking of a blood sample from a person reasonably suspected of biting or spitting on a prescribed emergency service worker during the course of their duties. Key elements include: mandatory blood testing authorised without consent in cases of assault involving spitting or biting; applicability to a broad range of emergency workers, including police, ambulance officers, nurses, doctors, child protection staff, corrections officers, firefighters and SES volunteers; strict procedural safeguards, including time limits on testing, qualified medical collection and rights of review; provisions to safeguard the privacy and dignity of both the alleged offender and the emergency service worker; and clear pathways for victims to access the test results quickly so that early treatment or intervention can be sought if necessary.
This bill has been developed in consultation with unions, health professionals, including infectious disease experts, and privacy and legal experts to ensure compliance with human rights and due process. Their input has helped shape a law that is firm, fair and fit for purpose, a law that respects the rights of all parties while placing the health and welfare of our frontline workers first.
This bill is not about punishment, it is about safety, certainty, and peace of mind. It is about preventing psychological harm to workers who, through no fault of their own, are forced to live in fear of infection after an assault. The legislation is carefully designed to balance the rights of the accused with the rights of workers. It includes appropriate oversight and mechanisms to ensure that it is not misused. But at its heart is a simple truth: workers deserve to be protected from health threats as much as they do from physical violence.
This bill sends a strong and unambiguous message that assaults on emergency workers will not be tolerated, and where such assaults involve spitting or biting we will act quickly to protect those who serve our community. This bill is a clear example of what can be achieved when government and trade unions work together in the interests of working people. It fulfills an election promise. It honours the experience and advocacy of our unions, and it delivers practical change for the better. I commend the bill to the house.
