Part 7ADrug and alcohol testing scheme

Part 7A—Drug and alcohol testing scheme 81S—Interpretation (1) In this Part— biological sample means a sample of blood, urine or oral fluid; breath analysing instrument means an apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961; breath analysis means an analysis of breath by a breath analysing instrument; critical incident means— (a) an incident where a person is killed or suffers serious bodily injury in a correctional institution or probation and parole hostel; or (b) an incident, or a class of incident, in a correctional institution or probation and parole hostel determined by the CE to be a critical incident; designated position means an appointment to a position in the Department designated by the CE for the purposes of this Part; drug means a substance that is a controlled drug under the Controlled Substances Act 1984; drug screening test means a test by means of an apparatus of a kind approved by the regulations for the conduct of drug screening tests; forensic material means any human material from which the person from whom the material was taken could be identified; oral fluid includes saliva; oral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid; rules means the rules made under section 83 for the purposes of this Part. (2) For the purposes of this Part, a person uses a drug if the person— (a) consumes, smokes or administers the drug to themself; or (b) permits another person to administer the drug to them. 81T—Drug and alcohol testing of officers and employees (1) An officer or employee of the Department may, in accordance with this section, be required to do any of the following: (c) to provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs. (2) An officer or employee of the Department may be required to undergo drug and alcohol testing under subsection (1), in accordance with the rules, in any of the following circumstances: (a) if the officer or employee has, while on duty, been involved in a critical incident; (b) if there is reasonable cause to believe that the officer or employee has recently consumed alcohol or used a drug; (c) if the officer or employee is applying for appointment to a designated position; (d) if the CE considers that the officer or employee should undergo drug and alcohol testing. 81U—Drug and alcohol testing of applicants to Department (1) A person to whom this subsection applies will, in accordance with the rules, be required to do any of the following: (c) to provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs. (2) Subsection (1) applies to a person applying for appointment as an officer or employee of the Department. 81V—Drug and alcohol testing of other persons (1) The CE may, subject to the person's consent, require a person who enters a correctional institution to do any of the following in accordance with the rules: (c) to provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs. (2) If a person does not consent to drug and alcohol testing under subsection (1), the CE may cause the person to be refused entry to or removed from the correctional institution, using only such force as is reasonably necessary for the purpose. 81W—Procedures for drug and alcohol testing (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Part. (2) Without limiting the generality of subsection (1), the regulations may— (a) prescribe procedures for drug and alcohol testing under this Part; and (b) provide for the authorisation of persons to conduct drug and alcohol testing and operate equipment for that purpose; and (c) regulate the collection of biological samples taken from persons for the purposes of drug and alcohol testing under this Part; and (d) provide for the analysis of test results, including the accreditation of persons conducting the analysis; and (e) provide for the approval of devices used in carrying out drug and alcohol testing and analysis; and (f) provide for the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; and (g) prescribe the circumstances that amount to a defence to disciplinary proceedings under the Public Sector Act 2009 relating to drug and alcohol testing or proceedings for a breach of the regulations; and (h) prescribe evidentiary provisions to facilitate proof of matters for the purposes of disciplinary proceedings under the Public Sector Act 2009 relating to drug and alcohol testing or proceedings relating to a breach of the regulations; and (i) provide for the confidentiality of test results; and (j) regulate the destruction of biological samples collected for testing; and (k) provide for the protection of persons involved in taking or conducting testing from liability for acts or omissions done in good faith and in accordance with this Part. 81X—Biological samples, test results etc not to be used for other purposes (1) A biological sample (and any other forensic material taken incidentally in the course of testing a person for the presence of drugs or alcohol) taken under this Part must not be used for any purpose other than— (a) for a purpose contemplated by this Part; or (b) in connection with the control and management of officers and employees of the Department; or (c) for the purpose of disciplinary proceedings under the Public Sector Act 2009. (2) The results of any drug and alcohol testing or analysis conducted under this Part, or an admission or a statement made by a person relating to such drug and alcohol testing, is not admissible in any proceedings other than disciplinary proceedings under the Public Sector Act 2009.