{"id":"police-force-member-testing-regulations-2011","name":"Police Force (Member Testing) Regulations 2011","slug":"police-force-member-testing-regulations-2011","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181617,"registerId":"wa-police-force-member-testing-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Police Force (Member Testing) Regulations 2011","content":"![Crest]()Western Australia\n\nPolice Act 1892\n\nPolice Force (Member Testing) Regulations 2011\n\nWestern Australia\n\nPolice Force (Member Testing) Regulations 2011\n\nContents\n\nPart 1 — Preliminary and application\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Application of these regulations 4\n\n5. Approved persons 4\n\n6. Approved sample collectors 5\n\n6A. Delegation of power to specify sample collectors 6\n\n7. When testing may be carried out — random 6\n\n8. When testing may be carried out — targeted 6\n\n9. When testing may be carried out — mandated 7\n\n10. Commissioner may declare drugs or substances to be targeted drugs 7\n\n11. Commissioner may declare substances to be masking agents 8\n\n12. Commissioner may approve collection procedures for alcohol and drug testing 8\n\nPart 2 — Testing for alcohol\n\n13. Requirement to submit sample of breath for preliminary analysis 9\n\n14. Requirement to confirm identity 9\n\n15. Requirement to submit further sample of breath 9\n\n16. Breath analysis form to be completed 10\n\n17. Requirement to submit sample of urine or blood under certain circumstances 10\n\n18. Incapacity to provide sample 11\n\nPart 3 — Testing for drugs\n\n19. Requirement to submit sample for drug testing 12\n\n20. Requirement to confirm identity 12\n\n21. Incapacity to provide sample 13\n\n22. Requirement to submit further sample for drug testing 13\n\n23. Drugs analyst to report result to Commissioner 13\n\nPart 4 — Recall to, and remaining on, duty\n\nDivision 1 — Critical incident\n\n24. Remain on duty — alcohol and drug testing 15\n\n25. Recall to duty — drug testing 15\n\n26. Recall to duty — alcohol testing 15\n\nDivision 2 — Other testing\n\n27. Remain on duty — alcohol and drug testing 16\n\n28. Recall to duty — drug testing 16\n\nPart 5 — Self reporting\n\n29. Involuntary or accidental alcohol consumption 17\n\n30. Involuntary or accidental drug ingestion 17\n\nPart 6 — Adverse test results\n\n31. Adverse testing outcome — alcohol (0.02) 18\n\n32. Adverse testing outcome — drugs 18\n\n33. Independent testing 19\n\n34. Consequences of an adverse testing outcome — alcohol 19\n\n35. Consequences of an adverse testing outcome — drugs 20\n\nPart 7 — Other offences\n\n36. Refusal 22\n\n37. Avoidance 22\n\n38. Tampering 23\n\n39. Sanction for offences 23\n\nSchedule 1 — Forms\n\nNotes\n\nCompilation table 28\n\nOther notes 28\n\nDefined terms\n\n  \n\nWestern Australia\n\nPolice Act 1892\n\nPolice Force (Member Testing) Regulations 2011\n\n## Part 1 — Preliminary and application\n\n##### 1. Citation\n\n\t\tThese regulations are the *Police Force (Member Testing) Regulations 2011*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\n(1) In these regulations —\n\nanalyst means a person certified by the chief executive officer of the Chemistry Centre (WA) as being competent to determine the concentration of alcohol in bodily substances;\n\napproved person means a person approved by the Commissioner under regulation 5;\n\napproved sample collector means a person approved by the Commissioner under regulation 6;\n\nauthorised person has the meaning given in the *Road Traffic Act 1974* section 65;\n\nconfirmed adverse test result for alcohol means analysis of a sample of breath carried out using breath analysing equipment showing the concentration of alcohol in a person’s blood to be 0.02 g of alcohol per 100 ml of blood or more;\n\nconfirmed adverse test result for drugs means analysis of a sample of oral fluid, urine, blood or hair carried out by a drugs analyst showing evidence of the presence, or of ingestion, of a drug;\n\n  critical incident means —\n\n(a) the death, or serious injury, of a person, when the death or injury is connected to, or arising from, the application of force by a member; or\n\n(b) the death, or serious injury, of a person when the death or injury is connected to, or arising from, the exercise of authority by a member; or\n\n(c) the death, or serious injury, of a person when the death or injury is connected to, or arising from, the driving of a police vehicle by a member; or\n\n(d) the death, or serious injury, of a person when the person is in the custody of a member; or\n\n(e) the discharge of a firearm by a member, whether or not injury is caused,\n\nwhen that member is acting in his or her capacity as a member;\n\ndrug includes a substance declared to be a targeted drug;\n\ndrugs analyst means a person certified by the chief executive officer of the Chemistry Centre (WA) as being competent to ascertain whether, and to what extent, drugs are present in bodily substances;\n\nmasking agent means a substance declared to fall within this definition under regulation 11;\n\nmedical practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;\n\nmember has the meaning given in the *Police Act 1892* section 33K, so as to include commissioned officers, non‑commissioned officers, constables (including probationary police constables), Aboriginal police liaison officers and police auxiliary officers;\n\nnurse means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the nursing profession;\n\nnurse practitioner means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the nursing profession whose registration under that Law is endorsed as nurse practitioner;\n\nphlebotomist means the holder of a current certificate of competency in phlebotomy, issued by an Australian public hospital or teaching facility;\n\nPolice Gazette means the publication published pursuant to the *Police Force Regulations 1979* regulation 307;\n\npresumptive positive test result for alcohol means the result of a preliminary test of a sample of breath that shows that the concentration of alcohol in a person’s blood is likely to be 0.02 g of alcohol per 100 ml of blood or more;\n\npresumptive positive test result for drugs means a preliminary analysis of a sample of oral fluid, urine, blood or hair that shows an indication of the presence, or of ingestion, of a drug;\n\nselected member means a member who is required to undergo an alcohol or drug test, or both, under these regulations;\n\ntargeted drug includes —\n\n(a) a drug to which the *Misuse of Drugs Act 1981* applies; and\n\n(b) a Schedule 2 poison as defined in the *Medicines and Poisons Act 2014* section 3; and\n\n(c) a Schedule 3 poison as defined in the *Medicines and Poisons Act 2014* section 3; and\n\n(ca) a Schedule 4 poison as defined in the *Medicines and Poisons Act 2014* section 3; and\n\n(d) a drug or substance declared to fall within this definition under regulation 10.\n\n(2) In these regulations, the following terms have the meanings given to them in the *Road Traffic Act 1974* section 65 —\n\nbreath analysing equipment;\n\npreliminary test.\n\n[Regulation 3 amended: Gazette 16 Feb 2018 p. 472; 17 Aug 2018 p. 2898; 13 Nov 2018 p. 4436; SL 2021/99 r. 4.]\n\n##### 4. Application of these regulations\n\n(1) Subject to subregulation (2), the processes of alcohol or drug testing set out in these regulations are to be carried out on a member.\n\n(2) The processes of alcohol or drug testing set out in these regulations cannot be carried out on a member unless that member is on duty or is recalled to duty for that purpose.\n\n(3) The processes of alcohol or drug testing set out in these regulations should be carried out in a manner that respects a member’s dignity and privacy to the extent possible without compromising the integrity of the testing process.\n\n##### 5. Approved persons\n\n(1) The Commissioner may specify that some or all of the following are to be approved persons for the purposes of all, or parts, of these regulations —\n\n(a) a police officer who has attained a particular rank or above, or is acting at that rank or above;\n\n(b) a particular class of police officers;\n\n(c) a police officer appointed to, or acting in, a particular position.\n\n(2) In addition to police officers appointed under subregulation (1), the Commissioner may specify that a particular person is to be an approved person for the purposes of all, or parts, of these regulations if the Commissioner is satisfied that it is necessary for that person to be appointed as an approved person.\n\n(3) The details of police officers specified under subregulation (1), and any person specified under subregulation (2), are to be published, for the information of members, in the *Police Gazette*.\n\n##### 6. Approved sample collectors\n\n(1A) In this regulation —\n\nsample type means any of the following types of sample —\n\n(a) a breath sample;\n\n(b) an oral fluid sample;\n\n(c) a urine sample;\n\n(d) a hair sample.\n\n(1) The Commissioner may specify that a person who has been trained to collect a sample type is to be an approved sample collector in relation to the sample type for the purposes of conducting an alcohol or drug test under these regulations.\n\n(1AA) A person has been trained to collect a sample type if the person has been trained to collect the sample type in accordance with any relevant standards and protocols approved under regulation 12(1).\n\n(2) The names of persons specified under subregulation (1) are to be published, for the information of members, in the *Police Gazette*.\n\n[Regulation 6 amended: Gazette 17 Aug 2018 p. 2899.]\n\n##### 6A. Delegation of power to specify sample collectors\n\n(1) The Commissioner may delegate the Commissioner’s power under regulation 6(1) to a police officer who holds or is acting in the office of —\n\n(a) Deputy Commissioner of Police; or\n\n(b) Assistant Commissioner of Police.\n\n(2) The delegation must be in writing signed by the Commissioner.\n\n(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.\n\n[Regulation 6A inserted: SL 2026/34 r. 4.]\n\n##### 7. When testing may be carried out — random\n\n(1) An approved person may require a selected member or a number of selected members working within, or visiting, a common work area to submit to an alcohol test or a drug test or both.\n\n(2) An approved person may require all members working within a common work area, and any visiting members at the work area at that time, to submit to an alcohol test or a drug test or both.\n\n##### 8. When testing may be carried out — targeted\n\n(1) Targeted testing for alcohol or drugs under these regulations may be carried out if there is credible information, intelligence or suspicion that a selected member may be affected or impaired by alcohol or drugs, whilst on duty.\n\n(2) Targeted testing for drugs under these regulations may be carried out if there is credible information, intelligence or suspicion that a selected member may have taken or ingested targeted drugs at any time.\n\n(3) The Commissioner or an approved person may require a particular selected member or a particular group of selected members working within a common work area to submit to an alcohol test or a drug test or both.\n\n##### 9. When testing may be carried out — mandated\n\n(1) The Commissioner may direct in writing that certain circumstances give rise to compulsory alcohol and drug testing of particular members.\n\n(2) Circumstances under subregulation (1) may include, but are not limited to —\n\n(a) when a member is involved in a critical incident; or\n\n(b) where a member is a participant in a high risk business area within the Force (*for example, the TRG*); or\n\n(c) when a member is in the process of completing a critical skills competency course for frontline, operational policing; or\n\n(d) where an approved person believes that a test is appropriate for the member’s health and safety, or is prudent to protect the member’s credibility in any future court proceeding; or\n\n(e) when a member has returned a confirmed adverse test result for alcohol or drugs under these regulations.\n\n(3) Mandated testing may be required —\n\n(a) at the time of the circumstance giving rise to its requirement; or\n\n(b) as an on‑going requirement resulting from the circumstance giving rise to its requirement.\n\n##### 10. Commissioner may declare drugs or substances to be targeted drugs\n\n(1) The Commissioner may declare a drug or substance to be a targeted drug for the purposes of these regulations.\n\n(2) A declaration under subregulation (1) is not effective unless published by the Commissioner in the *Police Gazette*, and a declaration may be amended or revoked by the Commissioner in a similar manner.\n\n##### 11. Commissioner may declare substances to be masking agents\n\n(1) The Commissioner may declare a substance to be a masking agent for the purposes of these regulations.\n\n(2) A declaration under subregulation (1) is not effective unless published by the Commissioner in the *Police Gazette*, and a declaration may be amended or revoked by the Commissioner in a similar manner.\n\n##### 12. Commissioner may approve collection procedures for alcohol and drug testing\n\n(1) The Commissioner may approve —\n\n(a) standards or parts of standards; and\n\n(b) collection protocols,\n\nas the manner in which testing processes and procedures are to be carried out.\n\n(2) The Commissioner may approve items of equipment (other than breath analysis equipment and preliminary test apparatus) together with other devices or apparatus for the purpose of testing for targeted drugs.\n\n(3) Notwithstanding the approval of standards, protocols and equipment under this regulation, a minor variation in the manner of collection or analysis of a sample that does not affect the outcome of the testing process may be disregarded when assessing whether the particular testing process was carried out in an approved manner.\n\n[Regulation 12 amended: SL 2021/99 r. 5.]\n\n## Part 2 — Testing for alcohol\n\n##### 13. Requirement to submit sample of breath for preliminary analysis\n\n(1) This regulation applies if a selected member is requested by an approved person to provide a sample of breath.\n\n(1A) The selected member must, in accordance with the directions of the approved person, provide a sample to an authorised person or approved sample collector for a preliminary test of the sample.\n\n(2) Where it appears to the approved person that the physical condition of the selected member is such as to render him or her incapable of providing a sample of breath for a preliminary test, then the approved person may proceed to the provisions of regulation 15 as if a preliminary test had returned presumptive positive test result for alcohol.\n\n[Regulation 13 amended: Gazette 17 Aug 2018 p. 2899.]\n\n##### 14. Requirement to confirm identity\n\nA selected member must confirm his or her identity by showing police identification at the time of providing a sample for alcohol testing.\n\n##### 15. Requirement to submit further sample of breath\n\n(1) Where —\n\n(a) a selected member has provided a sample of his or her breath for a preliminary test and the preliminary test returns a presumptive positive test result for alcohol; or\n\n(b) the selected member having been so required —\n\n(i) refuses or fails to provide, or appears to be incapable of providing, a sample of his or her breath for a preliminary test; or\n\n(ii) refuses or fails to provide, or appears to be incapable of providing, a sample of his or her breath in sufficient quantity to enable a preliminary test to be carried out,\n\nthe approved person may require that selected member to provide a further sample of his or her breath for analysis by an authorised person, pursuant to the provisions of subregulation (2) or a sample of blood or urine under regulation 17, and, in order to do so, may require the selected member to accompany a member to a police station or some other place, and may require that selected member to wait at any such police station or place.\n\n(2) A selected member who is required to supply a sample of breath for analysis shall comply with that requirement by providing the sample of breath into breath analysing equipment, for analysis by an authorised person, in accordance with the directions of the approved person.\n\n(3) A selected member is not required under subregulation (1) to provide a sample of breath for analysis if, because of his or her physical condition, the selected member is incapable of providing the specimen of breath or a specimen of breath in sufficient quantity for analysis.\n\n[Regulation 15 amended: SL 2021/99 r. 6.]\n\n##### 16. Breath analysis form to be completed\n\nWhere a breath analysis is carried out by an authorised person and it returns a confirmed adverse test result for alcohol, the authorised person is to fill out a breath analysis form approved by the Commissioner.\n\n##### 17. Requirement to submit sample of urine or blood under certain circumstances\n\n(1) Where an approved person might require a selected member to provide a sample of breath for analysis by an authorised person but is precluded from so doing by regulation 15(3), the approved person may require the selected member to provide a sample of blood or urine for analysis.\n\n(2) On taking a sample of blood or urine, the medical practitioner, nurse, nurse practitioner or phlebotomist is to complete the details required by Schedule 1 Form 2.\n\n(3) Where an analyst carries out an analysis of a sample of blood or urine following a presumptive positive test result for alcohol, the analyst is to provide a written result of that analysis to the Commissioner, whether or not that analysis resulted in a confirmed adverse test result for alcohol.\n\n##### 18. Incapacity to provide sample\n\n(1) If a selected member is unable to provide a sample due to injury or illness, an approved person may request a medical practitioner, nurse, nurse practitioner or phlebotomist to take a sample of blood or urine, or both, from that member.\n\n(2) A request under subregulation (1) must be a written request made by the approved person completing Schedule 1 Form 1 and handing that completed form to the relevant medical practitioner, nurse, nurse practitioner or phlebotomist.\n\n## Part 3 — Testing for drugs\n\n##### 19. Requirement to submit sample for drug testing\n\n(1) When requested to do so, a selected member must provide a sample for drug testing to an approved sample collector (subject to subregulation (4)) in accordance with the directions of an approved person.\n\n(2) An approved person may request a sample of any one or more of the following —\n\n(a) blood;\n\n(b) urine;\n\n(c) oral fluid;\n\n(d) hair.\n\n(3) An approved person is not required to state what drug the sample will be tested for.\n\n(4) If a sample of blood is required, that sample must be taken by a medical practitioner, a nurse, a nurse practitioner or a phlebotomist.\n\n(5) On taking a sample of blood or urine, the medical practitioner, nurse, nurse practitioner or phlebotomist is to complete the details required by Schedule 1 Form 2.\n\n(6) On taking a sample of urine, oral fluid or hair, the approved sample collector is to complete the details required by Schedule 1 Form 2.\n\n##### 20. Requirement to confirm identity\n\nA selected member must confirm his or her identity by showing police identification at the time of providing a sample for drug testing.\n\n##### 21. Incapacity to provide sample\n\n(1) If a selected member is unable to provide a sample due to injury or illness, an approved person may request a medical practitioner, nurse, nurse practitioner or phlebotomist to take a sample of blood or urine, or both, from that member.\n\n(2) A request under subregulation (1) must be a written request made by the approved person completing Schedule 1 Form 1 and handing that completed form to the relevant medical practitioner, nurse, nurse practitioner or phlebotomist.\n\n##### 22. Requirement to submit further sample for drug testing\n\n(1) Where —\n\n(a) a selected member has provided a sample for drug testing and test returns a presumptive positive test result for drugs; or\n\n(b) the selected member having been so required refuses or fails to provide, or appears to be incapable of providing, the sample for a drug test,\n\nthe approved person may require that selected member to provide a further sample for analysis by a drugs analyst and, in order to do so, may require the selected member to accompany a member to a police station or some other place, and may require that selected member to wait at any such police station or place.\n\n(2) A selected member who is required to supply a sample for drug analysis shall comply with that requirement by providing the sample for analysis by a drugs analyst, in accordance with the directions of the approved person.\n\n[Regulation 22 amended: Gazette 17 Aug 2018 p. 2900.]\n\n##### 23. Drugs analyst to report result to Commissioner\n\nWhere a drugs analyst carries out an analysis of a sample following a presumptive positive test result for drugs, the drugs analyst is to provide a written result of that analysis to the Commissioner, whether or not that analysis resulted in a confirmed adverse test result for drugs.\n\n[Regulation 23 amended: Gazette 17 Aug 2018 p. 2900.]\n\n## Part 4 — Recall to, and remaining on, duty\n\n### Division 1 — Critical incident\n\n##### 24. Remain on duty — alcohol and drug testing\n\nWhen a member is involved in a critical incident and his or her shift is about to finish, an approved person may require that member to remain on duty until that member has undergone alcohol testing and drug testing.\n\n##### 25. Recall to duty — drug testing\n\n(1) When a member is off‑duty but that member has been involved in a critical incident during the previous shift and has not been the subject of a drug test that member may be recalled to duty by an approved person for the purposes of drug testing.\n\n(2) When a member has been involved in a critical incident while off‑duty and has not been the subject of a drug test that member may be recalled to duty by an approved person for the purposes of drug testing.\n\n(3) A selected member cannot be tested under this regulation at his or her place of residence.\n\n(4) This regulation applies in addition to regulation 26.\n\n##### 26. Recall to duty — alcohol testing\n\n(1) When a member is off‑duty but that member has been involved in a critical incident during the previous shift and has not been the subject of an alcohol test that member may be recalled to duty by an approved person for the purposes of alcohol testing.\n\n(2) If a member is involved in a critical incident while off‑duty and has not been the subject of an alcohol test following that incident, that member may be recalled to duty by an approved person for the purposes of alcohol testing.\n\n### Division 2 — Other testing\n\n##### 27. Remain on duty — alcohol and drug testing\n\nWhen a member is on duty, or is about to finish his or her shift, and that member —\n\n(a) is the subject of credible information, intelligence or suspicion indicating that the member is affected or impaired by alcohol or that drug use by the member has taken place whilst that member was on duty; or\n\n(b) has been selected to undergo random, mandated or targeted testing for drugs or alcohol, or both,\n\nan approved person may require that member to remain on duty until that member has undergone alcohol or drug testing, or both.\n\n##### 28. Recall to duty — drug testing\n\n(1) When a member is off‑duty but that member is the subject of credible information, intelligence or suspicion suggesting that drug use by the member has recently taken place or is taking place, that member may be recalled to duty by an approved person for the purposes of drug testing.\n\n(2) A selected member cannot be tested under this regulation at his or her place of residence.\n\n## Part 5 — Self reporting\n\n##### 29. Involuntary or accidental alcohol consumption\n\n(1) When a member is on duty and is concerned that he or she has accidentally or involuntarily consumed alcohol, that member may report that possible consumption to a supervisor or the officer in charge and request a preliminary test.\n\n(2) If a self‑requested preliminary test under this regulation returns a presumptive positive test result for alcohol, that member will be required to submit a further sample of his or her breath for analysis by an authorised person in accordance with regulation 15.\n\n##### 30. Involuntary or accidental drug ingestion\n\n(1) When a member is on duty and is concerned that he or she has accidentally or involuntarily ingested or taken a targeted drug, that member may report that possible ingestion to a supervisor or the officer in charge and request a drug test to determine if that drug (if known) or a drug (if unknown) has been ingested or taken.\n\n(2) If a self‑requested drug test under this regulation returns a presumptive positive test result for drugs, an analysis of the sample will be conducted by a drugs analyst to confirm that outcome.\n\n[Regulation 30 amended: Gazette 17 Aug 2018 p. 2900.]\n\n## Part 6 — Adverse test results\n\n##### 31. Adverse testing outcome — alcohol (0.02)\n\n(1) A selected member returns a positive result to an alcohol test if that member’s preliminary test returns a presumptive positive test result for alcohol and that member subsequently returns a confirmed adverse test result for alcohol.\n\n(2) A selected member is taken to return a presumptive positive test result for alcohol if the selected member gives 2 or more invalid samples for a preliminary test without a written medical explanation for the invalidity of the samples.\n\n(3) If a selected member is taken to return a presumptive positive test result for alcohol under subregulation (2), that member must provide a sample of breath for analysis by breath analysing equipment and a positive result to that analysis is a confirmed adverse test result for alcohol for the purposes of these regulations.\n\n(4) A confirmed adverse test result for alcohol is to be recorded by the approved person by completing a form in accordance with regulation 16.\n\n[Regulation 31 amended: SL 2021/99 r. 7.]\n\n##### 32. Adverse testing outcome — drugs\n\n(1) A selected member returns a positive result to a drug test if —\n\n(a) the preliminary analysis of the member’s sample returns a presumptive positive test result for drugs and that member subsequently returns a confirmed adverse test result for drugs; or\n\n(b) in the case of a test for testosterone, the preliminary analysis of the member’s sample returns a presumptive positive test result for drugs and that member subsequently returns a confirmed adverse test result for drugs indicating that the amount of testosterone present in the member’s sample is 4 or more times the amount of epitestosterone present in that sample.\n\n(2) A selected member is taken to return a presumptive positive test result for drugs if the selected member gives 2 or more invalid samples without a written medical explanation for the invalidity of the samples.\n\n##### 33. Independent testing\n\n(1) A selected member who returns a confirmed adverse test result for alcohol (based on a sample other than breath) or a presumptive positive test result for drugs may request, and is to be given on request, a portion of the sample that gave rise to that result.\n\n(2) Independent testing is conducted at the expense of the member.\n\n##### 34. Consequences of an adverse testing outcome — alcohol\n\n(1) If testing of a selected member returns a confirmed adverse test result for alcohol the Commissioner may take one or more of the following actions in relation to that member —\n\n(a) refer the member to the WA Police Health and Welfare Unit for review;\n\n(b) impose managerial interventions in relation to that member;\n\n(c) initiate disciplinary action against that member under the *Police Act 1892* section 23;\n\n(d) invoke removal powers in relation to that member under the *Police Act 1892* section 8.\n\n(2) Subregulation (1) does not apply to a positive result to an alcohol test conducted under regulation 26 following a recall to duty, where it is determined that the conduct of the member was appropriate in the circumstances.\n\n(3) The operation of the *Police Force Regulations 1979* regulation 505A is unaffected by any action taken under subregulation (1) of this regulation.\n\n##### 35. Consequences of an adverse testing outcome — drugs\n\n(1) Subject to subregulation (2), if testing of a selected member returns a confirmed adverse test result for drugs the Commissioner may take one or more of the following actions in relation to that member —\n\n(a) refer the member to the WA Police Health and Welfare Unit for review;\n\n(b) impose managerial interventions in relation to that member;\n\n(c) initiate disciplinary action against that member under the *Police Act 1892* section 23;\n\n(d) invoke removal powers in relation to that member under the *Police Act 1892* section 8.\n\n(2) If testing of a selected member returns a confirmed adverse test result for drugs and the drug found or ingested is —\n\n(a) a drug set out in the *Misuse of Drugs Act 1981* Schedule I or II; or\n\n(b) a Schedule 8 poison or a Schedule 9 poison as those terms are defined in the *Medicines and Poisons Act 2014* section 3; or\n\n(c) a specified drug as defined in the *Misuse of Drugs Act 1981* section 3(1); or\n\n(d) a masking agent,\n\nthe Commissioner will invoke removal powers in relation to that member under the *Police Act 1892* section 8.\n\n(3) Subregulation (2) does not apply if the adverse test result for drugs is to —\n\n(a) a masking agent; or\n\n(b) a Schedule 8 poison as defined in the *Medicines and Poisons Act 2014*,\n\nthat has been prescribed to that member by a medical practitioner.\n\n(4) The operation of the *Police Force Regulations 1979* regulation 505A is unaffected by any action taken under subregulation (1) of this regulation.\n\n[Regulation 35 amended: Gazette 16 Feb 2018 p. 472‑3.]\n\n## Part 7 — Other offences\n\n##### 36. Refusal\n\n(1) A member must comply with a requirement under these regulations to undertake a test for alcohol consumption.\n\n(2) A member must comply with a requirement under these regulations to undertake a drug test.\n\n(3) A member must provide a sample of breath for analysis by breath analysing equipment when required to do so under these regulations.\n\n(4) A member must provide a sample of blood, urine, oral fluid or hair when required to do so under these regulations.\n\n[Regulation 36 amended: SL 2021/99 r. 8.]\n\n##### 37. Avoidance\n\n(1) If a member is subject to a requirement under these regulations to —\n\n(a) undertake a test for alcohol consumption; or\n\n(b) undertake a drug test; or\n\n(c) provide a sample of breath, blood, urine, oral fluid or hair,\n\nthen, unless prevented by urgent medical circumstances, that member must comply with the requirement prior to ceasing duty.\n\n(2) If a member is subject to a requirement under these regulations to provide a sample of breath for analysis by breath analysing equipment, that member must not provide 2 or more invalid samples unless there is a written medical explanation for the invalidity of those samples.\n\n(3) If a member is subject to a requirement under these regulations to provide a sample of blood, urine, oral fluid or hair, that member must not provide 2 or more invalid samples unless there is a written medical explanation for the invalidity of those samples.\n\n(4) A member must not unnecessarily delay a testing or sampling process that is required to be undertaken under these regulations following a critical incident.\n\n[Regulation 37 amended: SL 2021/99 r. 9.]\n\n##### 38. Tampering\n\n(1) A member must not tamper, or interfere with, a testing process carried out under these regulations.\n\n(2) A member must not, without a lawful reason, be in possession of a masking agent immediately before or during a testing process carried out under these regulations.\n\n(3) A member must not take a masking agent before a testing process carried out under these regulations.\n\n##### 39. Sanction for offences\n\nA member who does not comply with a provision of this Part commits an offence against the discipline of the Force and may be dealt with by the Commissioner under section 8 or 23 of the Act.\n\nSchedule 1 — Forms\n\n[r. 17, 18, 19 and 21]\n\n**Form 1**\n\nWESTERN AUSTRALIA\n\n*Police Act 1892*\n\n*Police Force (Member Testing) Regulations 2011*\n\n**Request to take sample of oral fluid, urine or blood**\n\nTo...........................................................................................................................\n\n[Name of medical practitioner, nurse, nurse practitioner, phlebotomist]\n\nat ...................................................................................................................\n\n...................................................................................................................\n\n...................................................................................................................\n\n[Name of hospital/medical centre/place]\n\nUnder the *Police Force (Member Testing) Regulations 2011*, I request you, a\n\n...................................................................................................................\n\n[Insert description, e.g. medical practitioner, nurse, nurse practitioner, phlebotomist]\n\nto take —\n\n(a) an oral fluid sample;\n\n(b) a urine sample;\n\n(c) a blood sample;\n\n(d) a hair sample,\n\n[delete as applicable]\n\nfrom —\n\n...................................................................................................................\n\n...................................................................................................................\n\n[Name of selected member]\n\nin accordance with the regulations and any standards or collection protocols approved under those regulations.\n\n..................................................................\n\n[Place where request is made]\n\n..................................................................\n\n[Date of request]\n\n..................................................................\n\n[Signature (rank and number)]\n\n**Form 2**\n\nWESTERN AUSTRALIA\n\n*Police Act 1892*\n\n*Police Force (Member Testing) Regulations 2011*\n\n**Collection of sample of oral fluid, urine, blood or hair**\n\nUnder the *Police Force (Member Testing) Regulations 2011*, I, a qualified\n\n...................................................................................................................\n\n[Insert description, e.g. medical practitioner, nurse, nurse practitioner,\n\nphlebotomist, approved sample collector]\n\ntook —\n\n(a) an oral fluid sample;\n\n(b) a urine sample;\n\n(c) a blood sample;\n\n(d) a hair sample,\n\n[delete as applicable]\n\nfrom ...................................................................................................................\n\n[Name and number of selected member]\n\nat ...................................................................................................................\n\n...................................................................................................................\n\n[Place where sample was taken]\n\nin accordance with the regulations and the standards and collection protocols approved under those regulations.\n\nThe sample was taken at........................................................................................\n\n[Insert time, day, month and year]\n\nThe sample, or a portion of that sample, is contained and sealed in the sample\n\ncontainer(s) numbered........................................................................................\n\n[Number on sample container(s)]\n\nThe equipment used for the purpose of collecting the sample of oral\n\nfluid/urine/blood/hair [delete as applicable] was contained in a packaged serially\n\nnumbered.............................. handed to me by.....................................................\n\n[Number on equipment kit] [Name of person handing over the package]\n\nand that package was sealed and intact prior to being opened by me.\n\nIn collecting the sample of oral fluid/urine/blood/hair [delete as applicable] I complied with the directions contained within the sealed sample collection package provided.\n\n................................................................\n\n[Signature and qualification]\n\nWitnessed by................................................................\n\n[Approved person’s signature\n\n(rank and number)]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Police Force (Member Testing) Regulations 2011* and includes amendments made by other written laws 1. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | | **Published** | | **Commencement** |\n| --- | --- | --- | --- | --- |\n| *Police Force (Member Testing) Regulations 2011* | | 2 Dec 2011 p. 5095-124 | | r. 1 and 2: 2 Dec 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Dec 2011 (see r. 2(b)) |\n| *Police Force (Member Testing) Amendment Regulations 2018* | | 16 Feb 2018 p. 472‑3 | | r. 1 and 2: 16 Feb 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 17 Feb 2018 (see r. 2(b)) |\n| *Police Force (Member Testing) Amendment Regulations (No. 2) 2018* | | 17 Aug 2018 p. 2898‑900 | | r. 1 and 2: 17 Aug 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Aug 2018 (see r. 2(b)) |\n| *Police Force (Member Testing) Amendment Regulations (No. 3) 2018* | | 13 Nov 2018 p. 4435-6 | | r. 1 and 2: 13 Nov 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Dec 2018 (see r. 2(b)) |\n| **Reprint 1: The *Police Force (Member Testing) Regulations 2011* as at 15 Feb 2019** (includes amendments listed above) | | | | |\n| *Police Force (Member Testing) Amendment Regulations 2021* | SL 2021/99 25 Jun 2021 | | r. 1 and 2: 25 Jun 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(c)) | |\n| *Police Force (Member Testing) Amendment Regulations 2026* | SL 2026/34 25 Mar 2026 | | r. 1 and 2: 25 Mar 2026 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Mar 2026 (see r. 2(b)) | |\n\n\nOther notes\n\n1 The *Police Regulations Amendment (Poisons) Regulations 2016* Pt. 3 (published 17 Jan 2017 p. 412‑17) is of no effect as those amending regulations were made by the Governor. Regulations made under the *Police Act 1892* section 9 must be made by the Commissioner of Police with the approval of the Minister. The amendments in the *Police Regulations Amendment (Poisons) Regulations 2016* Pt. 3 are therefore not included in the compilation of the principal regulations.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nanalyst 3(1)\n\napproved person 3(1)\n\napproved sample collector 3(1)\n\nauthorised person 3(1)\n\nbreath analysing equipment 3(2)\n\nconfirmed adverse test result for alcohol 3(1)\n\nconfirmed adverse test result for drugs 3(1)\n\ncritical incident 3(1)\n\ndrug 3(1)\n\ndrugs analyst 3(1)\n\nmasking agent 3(1)\n\nmedical practitioner 3(1)\n\nmember 3(1)\n\nnurse 3(1)\n\nnurse practitioner 3(1)\n\nphlebotomist 3(1)\n\nPolice Gazette 3(1)\n\npreliminary test 3(2)\n\npresumptive positive test result for alcohol 3(1)\n\npresumptive positive test result for drugs 3(1)\n\nsample type 6(1A)\n\nselected member 3(1)\n\nself‑testing analysing equipment 3(2)\n\ntargeted drug 3(1)\n\n© State of Western Australia 2026.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ANDREW JONES, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a workplace health and safety/testing regime for police members. While amendments have expanded definitions (particularly around 'targeted drugs' to include additional prescription medicine schedules and added delegation powers in 2026), these represent refinements within the original framework rather than mission creep. The core purpose—establishing alcohol and drug testing protocols for WA Police—remains consistent throughout the amendment history."},"complexity_factors":["21 defined terms in the interpretation section (regulation 3), including nested definitions where 'drug' includes 'targeted drugs' and 'targeted drugs' includes Commissioner-declared substances","Multiple cross-references to external legislation: Road Traffic Act 1974, Police Act 1892, Misuse of Drugs Act 1981, Medicines and Poisons Act 2014, and Health Practitioner Regulation National Law","Three distinct testing regimes (random, targeted, mandated) with different thresholds and procedural requirements","Conditional logic for 'critical incidents' requiring specific post-incident testing protocols, including recall-to-duty provisions with residential privacy protections","Tiered consequences system: alcohol failures have discretionary penalties, while drug failures have mandatory removal triggers with exceptions for legitimate prescriptions","Multiple sample types (breath, oral fluid, urine, blood, hair) each with specific collection requirements and authorised collector categories","Nested exceptions in Part 6: regulation 35(2) mandates removal for certain drugs, but 35(3) creates exceptions for masking agents and Schedule 8 poisons if prescribed","Procedural safeguards including independent testing rights (regulation 33), self-reporting provisions (Part 5), and identity verification requirements","Delegation chain in regulation 6A allowing Commissioner to delegate sample collector approval to Deputy or Assistant Commissioners, with non-delegation clause","Forms in Schedule 1 with specific completion requirements integrated into regulatory obligations"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up a comprehensive drug and alcohol testing regime for Western Australia Police Force members (including officers, Aboriginal police liaison officers, and police auxiliary officers). They establish when, how, and why police can be tested for alcohol and drugs, what happens if they test positive, and what penalties apply for refusing or tampering with tests.\n\n**Who it affects:**\n\n- **Police members** – anyone defined as a \"member\" under the Police Act 1892, from probationary constables to senior officers\n- **Approved persons** – senior police authorised to order testing\n- **Sample collectors** – trained personnel who collect biological samples\n- **Medical professionals** – doctors, nurses, and phlebotomists who take blood or urine samples when needed\n\n**Key features:**\n\n**Three types of testing:**\n- **Random testing** – any member in a workplace can be selected\n- **Targeted testing** – based on credible suspicion someone is impaired or has used drugs\n- **Mandated testing** – compulsory in specific situations like critical incidents (shootings, deaths in custody), high-risk units (like the Tactical Response Group), or after previous positive tests\n\n**What gets tested:**\n- **Alcohol** – breath tests, with a threshold of 0.02 blood alcohol concentration (roughly one standard drink)\n- **Drugs** – oral fluid, urine, blood, or hair samples tested for illegal drugs, prescription medicines (Schedule 2-4 poisons), and substances the Commissioner declares as \"targeted\"\n\n**Critical incident rules:**\nIf a police shooting, death in custody, or serious injury occurs, members involved must remain on duty or be recalled from home to undergo testing – but they cannot be tested at their own residence.\n\n**Self-reporting protection:**\nMembers who accidentally consume alcohol or drugs can report it themselves and request testing. This provides a pathway to address unintentional exposure before being caught.\n\n**Consequences of failing a test:**\n- **Alcohol over 0.02:** Health review, managerial action, disciplinary proceedings, or removal from the force\n- **Drugs:** Similar consequences, but *automatic removal* for hard drugs (Schedule I/II drugs like heroin or methamphetamine), steroids, or \"masking agents\" (substances used to hide drug use) – unless the substance was legitimately prescribed\n\n**Offences:**\nRefusing testing, delaying it unnecessarily, providing invalid samples without medical excuse, or tampering with the process are all disciplinary offences.\n\n**Why it matters:**\nPolice carry weapons, drive at high speeds, and have powers to arrest and detain. This regime aims to ensure officers are sober and unimpaired when exercising these powers, particularly after serious incidents where their judgment is under scrutiny. It balances workplace safety and public accountability against officer privacy, requiring testing to respect \"dignity and privacy\" where possible."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The document provided contains only a broken-link error page from the Western Australian legislation website, not the actual regulations."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 'page not found' error","Only the title and a website error message were provided","Any complexity assessment would be speculative without the actual text"],"plain_english_summary":"These regulations set out when and how Western Australian Police Force members may be tested for drugs, alcohol or fitness for duty, affecting sworn officers (and possibly staff) and the managers who order or carry out tests. \n\nThey matter because they aim to protect public safety by ensuring officers are fit for work while engaging rights and employment protections; note the instrument text was not available for detailed review."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations’ operational scope has expanded since the original instrument through subsequent amendments. Notable changes in the consolidated text include an express delegation power to specify approved sample collectors (reg 6A, inserted SL 2026/34), clearer and broader definitions of targeted drugs (reg 3; reg 10), the introduction of masking‑agent declarations (reg 11) and specific automatic removal consequences for certain drugs (reg 35(2)). The Commissioner’s standard-approval and equipment powers are emphasised (reg 12). Provisions for self-reporting (regs 29–30), independent testing at a member’s expense (reg 33(2)) and updated procedural detail (Schedule 1; regs 13–23) further broaden practical application compared with the original 2011 text as compiled here."},"complexity_factors":["Wide delegated discretion to the Commissioner and approved persons to specify who is tested, what drugs are targeted and what collection protocols apply (regs 5, 6, 10–12).","Multiple testing triggers and regimes: random, targeted, mandated, self-requested and critical-incident testing with different rules (regs 7–9, 24–28, 29–30).","Multiple sample types and collection rules (breath, oral fluid, urine, blood, hair) with differing collector qualifications and medical involvement (regs 6(1A), 13, 17–19, 22).","Detailed procedural requirements and evidentiary forms, including handling of invalid samples, confirmation testing and reporting obligations (regs 15, 16, 22–23, Schedule 1).","Layered consequences ranging from welfare referral to removal powers, with automatic removal for specified substances (regs 31–35).","Offences tied to refusal, avoidance and tampering and internal disciplinary sanctions rather than criminal penalties (regs 36–39, reg 39 cross-refers to Police Act sections 8 and 23).","Interplay with external legislation and schedules (Road Traffic Act, Misuse of Drugs Act, Medicines and Poisons Act) increasing interpretive complexity (defns and regs 3, 35(2)).","Amendments over time (compilation table) and insertion of delegation and other provisions have altered operational detail, requiring attention to current consolidated text (e.g. reg 6A inserted SL 2026/34)."],"plain_english_summary":"These regulations create a compulsory alcohol-and-drug testing regime for Western Australia Police members while on duty or when recalled, allowing random, targeted and mandated tests and specifying how samples are collected and analysed (regs 4, 7–9, 13, 19). The Commissioner and approved persons decide testing, declare targeted drugs and approve collection protocols (regs 5, 6, 10–12). Members pay for any independent testing they request (reg 33(2)). Confirmed adverse results can trigger welfare referral, managerial action, disciplinary measures or removal (regs 34–35)."}},"importantCases":[],"_links":{"self":"/api/acts/police-force-member-testing-regulations-2011","history":"/api/acts/police-force-member-testing-regulations-2011/history","analysis":"/api/acts/police-force-member-testing-regulations-2011/analysis","conflicts":"/api/acts/police-force-member-testing-regulations-2011/conflicts","importantCases":"/api/acts/police-force-member-testing-regulations-2011/important-cases","documents":"/api/acts/police-force-member-testing-regulations-2011/documents"}}