28Random testing and searching of prisoners and detainees

28 Random testing and searching of prisoners and detainees

(1)  If the appropriate correctional officer as specified in the standing orders considers it necessary to do so in the interests of the management and good order of a prison, the correctional officer may order a prisoner or detainee at any time to undergo a test or search for the use or possession of any of the following:

(a) alcohol;

(b) a drug which has not been prescribed by a medical practitioner for the use of the prisoner or detainee;

(c) [Section 28 Subsection (1) amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;

(d) [Section 28 Subsection (1) amended by No. 7 of 2012, s. 17, Applied:01 Jul 2012] a substance included in Schedule 2, 3, 4 or 8 of the Poisons List;

(e) a substance included in the Australian Register of Therapeutic Goods established under the Therapeutic Goods Act 1989 of the Commonwealth;

(f) a metabolite of a substance mentioned in paragraph (b) , (c) , (d) or (e) .

(2)  A test may include the taking of a urine, blood or breath sample.

(3)  A test –

(a) in the case of a blood sample, is to be carried out by a medical officer; and

(b) in the case of a urine or breath sample, may be carried out by a correctional officer or a medical officer.

(4)  A correctional officer is to order a prisoner or detainee to undergo a test or search under this section as and when required by the standing orders.