269Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis

#### 269 Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis 269 Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis > > (1) For the purposes of any disciplinary procedure relating to misbehaviour with alcohol, a certificate purporting to be signed by a medical practitioner or registered nurse and certifying any one or more of the following matters— > > > > > (a) that the practitioner or nurse was a medical practitioner or registered nurse who attended a specified person at a hospital, > > > > > (b) that the practitioner or nurse took a sample of the person’s blood or took from, or was provided with, a non-invasive sample in accordance with Division 5 of Part 11 of the Act on the day and at the time stated in the certificate, > > > > > (c) that the practitioner or nurse dealt with the sample in accordance with Division 5 of Part 11 of the Act and this Part, > > > > > (d) that the practitioner or nurse used equipment of a specified description in so taking and dealing with the sample, > > > > > (e) that the container into which the sample was placed was sealed, and marked or labelled, in a specified way, > > > > is prima facie evidence of the particulars certified in and by the certificate. > > > (2) For the purposes of any disciplinary procedure relating to misbehaviour with alcohol, a certificate purporting to be signed by an authorised person and certifying any one or more of the following matters— > > > > > (a) that the authorised person received a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person and taken in accordance with Division 5 of Part 11 of the Act and this Part, > > > > > (b) that the authorised person arranged for the portion to be submitted for analysis by an analyst to determine whether the sample indicated that the blood of the staff member by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the staff member’s blood, > > > > > (c) that the container into which the sample was placed was sealed, and marked or labelled, in a specified way, > > > > is prima facie evidence of the particulars certified in and by the certificate. > > > (3) For the purposes of any disciplinary procedure relating to misbehaviour with alcohol, a certificate purporting to be signed by an analyst and certifying any one or more of the following matters— > > > > > (a) that the analyst received, on a specified day, a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person in a container submitted for analysis under Division 5 of Part 11 of the Act and this Part, > > > > > (b) that the container, as received by the analyst, was sealed, and marked or labelled, in a specified way, > > > > > (c) that, on receipt by the analyst of the container, the seal was unbroken, > > > > > (d) that the analyst carried out an analysis of the portion to determine whether the sample indicated that the blood of the staff member by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the staff member’s blood, > > > > > (e) that the concentration of alcohol in the staff member’s blood determined by the analysis and expressed in grams of alcohol in 100 millilitres of blood was present in that sample, > > > > > (f) that the analyst was, at the time of the analysis, an analyst within the meaning of this Part, > > > > is prima facie evidence of the matters set out in subclause (4). > > > (4) A certificate under subclause (3) is prima facie evidence— > > > > > (a) of the particulars certified in and by the certificate, and > > > > > (b) that the sample was a portion of the sample of the blood of that specified person or a non-invasive sample provided by or taken from the specified person, and > > > > > (c) that the portion had not been tampered with before it was received by the analyst. > > > (5) For the purposes of any disciplinary procedure relating to misbehaviour with alcohol, evidence may be given of the concentration of alcohol present in the blood or other biological material of the staff member, as determined by an analysis under Division 5 of Part 11 of the Act of a portion of a sample of the staff member’s blood or a non-invasive sample provided by or taken from the staff member, as the case may be. > > > (6) The concentration of alcohol so determined is taken to be the concentration of alcohol in the staff member’s blood when the staff member presented for duty if that sample of blood or non-invasive sample was taken within 3 hours of the staff member presenting for duty, unless the staff member proves that the prescribed concentration of alcohol was not present in the staff member’s blood at that time. > > > (7) The concentration of alcohol so determined is taken to be the concentration of alcohol in the staff member’s blood while the staff member was on duty if that sample of blood or non-invasive sample was taken while the staff member was on duty or within 3 hours of the staff member ceasing to be on duty on the particular day, unless the staff member proves that the prescribed concentration of alcohol was not present in the staff member’s blood at that time.