115Restrictions on requiring breath test, breath analysis or non-invasive sample

115 Restrictions on requiring breath test, breath analysis or non-invasive sample

115 Restrictions on requiring breath test, breath analysis or non-invasive sample

An authorised person must not require a juvenile justice officer to undergo a test under Division 2 of Part 4A of the Act—

(a) if the officer has been admitted to a hospital for medical treatment, unless—

(i) the medical practitioner who attends the officer at the hospital (or, if no medical practitioner is present to attend the officer, a registered nurse who is accredited by a hospital as competent to perform the sampling procedures) has been notified of the intention to make the requisition, and

(ii) the medical practitioner or registered nurse does not object on the ground that compliance would be prejudicial to the proper care or treatment of the officer, or

(b) if it appears to the authorised person that it would (because of injuries sustained by the officer) be dangerous to the officer’s medical condition if the officer complied with the requisition, or

(c) in the case of a requirement for a test for the purpose of testing for the presence or concentration of alcohol, at any time after the expiration of 3 hours from the latest of—

(i) the time the officer last presented for duty, or

(ii) the time the officer was last involved in an incident referred to in section 37J (3) of the Act (if such an incident occurred), or

(iii) the time the officer last ceased to be on duty, or

(d) in the case of a requirement for a test for the purpose of testing for the presence of a prohibited drug, at any time after the expiration of 24 hours from the latest of—

(i) the time the officer last presented for duty, or

(ii) the time the officer was last involved in an incident referred to in section 37J (3) of the Act (if such an incident occurred), or

(iii) the time the officer last ceased to be on duty, or

(e) at the officer’s home.