57Drug tests for inmates

#### 57 Drug tests for inmates 57 Drug tests for inmates > > (1) This section applies to a correctional centre offence arising out of— > > > > > (a) the result of a test showing the presence of a drug in a non-invasive sample taken from or provided by an inmate, or > > > > > (a1) the result of a drug test— > > > > > > > (i) carried out in accordance with directions given by the governor of a correctional centre or a correctional officer holding office or acting in a rank of or above Chief Correctional Officer, and > > > > > > > (ii) showing the presence of a drug in the inmate’s body or urine, and > > > > > > > (iii) indicating the drug was administered by the inmate or another person, while the inmate was an inmate, or > > > > > (b) an inmate refusing or failing to provide, or enable to be taken, from the inmate a non-invasive sample when required to do so by the Commissioner. > > > (2) If the governor dealing with a charge relating to an offence to which this section applies is satisfied on the balance of probabilities that the inmate is guilty of the offence, the governor may order that the inmate be deprived, for a period of not more than 6 months, of withdrawable privileges determined by the governor. > > > (2A) If the Visiting Judge dealing with a charge relating to an offence to which this section applies is satisfied beyond reasonable doubt that the inmate is guilty of the offence, the Visiting Judge may order that the inmate be deprived, for a period of not more than 6 months, of withdrawable privileges determined by the Visiting Judge. > > > (3) The governor or Visiting Judge is not to make such an order if the inmate establishes that the drug— > > > > > (a) was administered on and in accordance with the prescription of a registered medical practitioner or registered dentist, or > > > > > (b) was lawfully supplied by, and taken in accordance with the instructions of, a registered medical practitioner, registered dentist or registered nurse, or > > > > > (c) was taken or administered in such form or preparation as may be allowed by the regulations, or > > > > > (d) was present in a quantity that does not exceed the quantity (if any) prescribed by the regulations, or > > > > > (e) was not a drug within the meaning of this Act at the time it was taken by or administered to the inmate. > > **s 57:** Am 2001 No 121, Sch 2.73 \[7\]; 2004 No 47, Sch 1 \[15\] \[16\]; 2025 No 6, Sch 1\[10\] \[11\]; 2025 No 61, Sch 2.24\[4\]; 2025 No 79, Sch 1\[4\].