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.