37JTesting of juvenile justice officers for alcohol and prohibited drugs

37J Testing of juvenile justice officers for alcohol and prohibited drugs

37J Testing of juvenile justice officers for alcohol and prohibited drugs

(1) An authorised person may require any juvenile justice officer who is on duty, or who is present at the juvenile justice officer’s place of work and about to go on duty—

(a) to undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence or concentration of alcohol, or

(b) to provide, or enable to be taken, a non-invasive sample from the juvenile justice officer for the purpose of testing for the presence of prohibited drugs,

in accordance with the directions of the authorised person and the regulations.

(2) The selection of a juvenile justice officer for testing under subsection (1) may be conducted on a random or targeted basis and, in particular, on the basis of the results of previous testing.

(3) Without limiting the generality of subsection (1), if an incident occurs in which a person dies or is injured while in the custody of a juvenile justice officer, an authorised person may require any juvenile justice officer involved in the incident—

(a) to undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence or concentration of alcohol, or

(b) to provide, or enable to be taken, a non-invasive sample from the juvenile justice officer for the purpose of testing for the presence of prohibited drugs,

in accordance with the directions of the authorised person and the regulations.

(4) An authorised person may require the juvenile justice officer to remain on the premises where the test is to be conducted until the test is completed.

(5) A requirement pursuant to subsection (3) to undergo a test or to provide a sample is to be made by the authorised person as soon as practicable after the incident occurs.

s 37J: Ins 2006 No 41, Sch 1 [18]. Am 2006 No 81, Sch 3.