Police Act 1990
211ATesting of police officers for alcohol and prohibited drugs
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211A Testing of police officers for alcohol and prohibited drugs
211A Testing of police officers for alcohol and prohibited drugs
(1) An authorised person may require any police officer who is on duty in accordance with a roster—
(a) to undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence of alcohol, or
(b) to provide a sample of the police officer’s urine or hair (or both) for the purpose of testing for the presence of prohibited drugs,
in accordance with the directions of the authorised person and the regulations.
(2) The selection of a police officer for testing pursuant to subsection (1) may be conducted on a random or targeted basis.
(2A) An authorised person must require any police officer directly involved in a mandatory testing incident to—
(a) undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence of alcohol, and
(b) provide a sample of their urine or hair (or both) for the purpose of testing for the presence of prohibited drugs,
in accordance with the directions of the authorised person and the regulations.
(3) A police officer may be breath tested or required to undergo breath analysis whether or not there is any suspicion that the officer has recently consumed alcohol.
(4) If a police officer is selected for testing because there is a suspicion that the officer has recently consumed alcohol, any authorised person may administer the breath test or breath analysis. However, if the police officer is selected on a random basis, the authorised person who administers the breath test or breath analysis must not be a police officer. This subsection applies only to testing pursuant to subsection (1).
(4A) A requirement pursuant to subsection (2A) to undergo a test or to provide a sample is to be made by an authorised person as soon as practicable after the mandatory testing incident concerned. Any authorised person may administer the breath test or breath analysis in such a case.
(4B) If a police officer involved attends or is admitted to a hospital for examination or treatment because of the mandatory testing incident, an authorised person may require the officer to provide a sample of the officer’s blood, urine or hair in accordance with the directions of a medical practitioner who attends the officer at the hospital.