236FTesting of staff for alcohol, prohibited drugs and steroids

#### 236F Testing of staff for alcohol, prohibited drugs and steroids 236F Testing of staff for alcohol, prohibited drugs and steroids > > (1) An authorised person may require any member of correctional staff who is on duty, or who is present at the staff member’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 staff member for the purpose of testing for the presence of prohibited drugs or steroids, > > > > in accordance with the directions of the authorised person and the regulations. > > > (2) The selection of a member of correctional staff 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 member of correctional staff, or as the result of the discharge of a firearm by a member of correctional staff, an authorised person may require any member of correctional staff 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 staff member for the purpose of testing for the presence of prohibited drugs or steroids, > > > > in accordance with the directions of the authorised person and the regulations. > > > (4) An authorised person may require the staff member 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 concerned. > > **s 236F:** Ins 2002 No 79, Sch 1 \[14\]. Am 2004 No 47, Sch 2 \[1\] \[2\]; 2006 No 81, Sch 1 \[37\]; 2008 No 108, Sch 1 \[29\].