sec.11Urinalysis— Act , s 42

sec.11 Urinalysis— Act , s 42

This section applies to the giving of a test sample of urine by an offender. The purpose of observation of an offender while the test sample is being given is to confirm the test sample belongs to the offender and is not tampered with. Subject to this section, the testing process must be carried out in accordance with administrative procedures made under section 265 of the Act . At least 2 qualified corrective services officers must be present during the giving of the test sample. A corrective services officer who is not a qualified corrective services officer must not be present during the giving of the test sample. If the offender is detained— at least 1 of the corrective services officers must observe the offender while the test sample is being given; and subject to paragraph (c) — for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable. If the offender is not detained, observation of the offender while the test sample is being given is at the discretion of the chief executive. If the offender is not detained and a corrective services officer is to observe the offender while the test sample is being given— the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and the request must be accommodated unless the chief executive reasonably believes— the request is made for an improper purpose; or accommodating the request— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable. A corrective services officer who is present during the test but who is not to observe the offender while the test sample is being given must be able to see the observer. s 11 sub 2024 SL No. 187 s 10 (sec.11-ssec.1) This section applies to the giving of a test sample of urine by an offender. (sec.11-ssec.2) The purpose of observation of an offender while the test sample is being given is to confirm the test sample belongs to the offender and is not tampered with. (sec.11-ssec.3) Subject to this section, the testing process must be carried out in accordance with administrative procedures made under section 265 of the Act . (sec.11-ssec.4) At least 2 qualified corrective services officers must be present during the giving of the test sample. (sec.11-ssec.5) A corrective services officer who is not a qualified corrective services officer must not be present during the giving of the test sample. (sec.11-ssec.6) If the offender is detained— at least 1 of the corrective services officers must observe the offender while the test sample is being given; and subject to paragraph (c) — for an offender detained in a women’s corrective services facility—the officer observing must be a female corrective services officer; and for an offender detained in a men’s corrective services facility—the officer observing must be a male corrective services officer; and the usual procedure is subject to modifications accepted under section 8B unless the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable. (sec.11-ssec.7) If the offender is not detained, observation of the offender while the test sample is being given is at the discretion of the chief executive. (sec.11-ssec.8) If the offender is not detained and a corrective services officer is to observe the offender while the test sample is being given— the offender must be given a reasonable opportunity to request that the observer be a female corrective services officer or a male corrective services officer; and the request must be accommodated unless the chief executive reasonably believes— the request is made for an improper purpose; or accommodating the request— would pose an unacceptable risk to the safety or welfare of the observer; or is not practicable. (sec.11-ssec.9) A corrective services officer who is present during the test but who is not to observe the offender while the test sample is being given must be able to see the observer.