Div 2Drug testing

Division 2—Drug testing 31—General requirements (1) If a test subject (other than a person to whom section 41C(1) of the Act applies) has been required to submit to drug testing under Part 6 Division 2 of the Act— (a) any drug screening test may not be commenced more than 8 hours after the subject has come off duty or more than 8 hours following a critical incident or high risk driving occurrence (as the case may be); and (b) any biological sample that is required to be taken from the test subject must not be taken more than 8 hours after the subject has come off duty or more than 8 hours following a critical incident or high risk driving occurrence (as the case may be). (2) The performance of a drug screening test commences when a direction is first given to the test subject to provide a sample of oral fluid to be used for the drug screening test. (3) The following applies to the taking of a biological sample from a test subject by an authorised member for the purposes of drug testing: (a) if the authorised member considers that a sample of oral fluid can be taken—the authorised member must take a sample of oral fluid; (b) if the authorised member considers that a sample of oral fluid cannot be taken but that a sample of urine can—the authorised member must take a sample of urine; (c) if the authorised member considers that neither a sample of oral fluid nor a sample of urine can be taken—the authorised member must arrange for a medical practitioner or registered nurse to take a sample of blood. 32—Oral fluid sample processes (1) The following are the procedures in accordance with which a sample of a test subject's oral fluid must be taken and dealt with for the purposes of drug testing: (a) the authorised member must provide the test subject with the means by which the test subject can provide the sample of oral fluid; (b) when the authorised member is satisfied that the test subject has provided a satisfactory sample of the test subject's oral fluid, the member must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose; (d) each container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid; (e) the authorised member must then mark each container in a manner approved by the Commissioner and seal each container; (f) it is the duty of the authorised member to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid; (g) the authorised member must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the member and the test subject; (h) the original of the signed certificate must then be sent to or retained on behalf of the Commissioner; (i) a copy of the signed certificate must be delivered to the test subject together with a written notice advising that a container containing part of the oral fluid sample taken from the test subject and marked with the identification number specified in the notice will be available for collection by or on behalf of the test subject at a specified place. (2) A test subject must comply with all reasonable directions of an authorised member in connection with the taking of an oral fluid sample and the signing of a certificate under this regulation. 33—Urine sample processes (1) The following are the procedures in accordance with which a sample of a test subject's urine must be taken and dealt with for the purposes of drug testing: (a) the authorised member must provide the test subject with a urine collection container and allow the test subject to provide the sample in private; (b) the test subject must provide a sufficient sample of his or her urine in the container and then deliver the container to the authorised member immediately; (c) the authorised member— (i) must, within 4 minutes of receiving the sample, test the temperature, and conduct a visual examination, of the sample; and (ii) may conduct any other test designed to determine whether or not the sample is a sample of the test subject's urine and is otherwise suitable for analysis; (d) if the authorised member has reasonable cause to suspect that the sample— (i) is not a sample of the test subject's urine or has been diluted or tampered with in any way; or (ii) is not suitable for analysis for some other reason, the member— (iii) must require another sample to be provided in accordance with this regulation; and (iv) may require the test subject to submit to a search before the additional sample is provided; (e) if the authorised member requires the test subject to submit to a search, the search— (i) may only be conducted by, and in the presence of, a person of the same sex as the test subject; and (ii) must be carried out in private; and (iii) must not be witnessed by any more persons than is reasonably necessary; (f) if the test subject provides 2 samples that, in the opinion of the authorised member, are not samples of the test subject's urine or are otherwise unsuitable for analysis, the test subject will be taken to have failed to comply with a direction under section 41B or 41C of the Act (as the case requires); (g) when the authorised member is satisfied that the test subject has provided a satisfactory sample of the test subject's urine, the member may subject the sample to a urine screening test to determine whether the sample should be submitted for analysis; (h) if the authorised member does not subject the sample to a urine screening test, or a urine screening test indicates that a prescribed drug may be present in the sample, the member must, in the presence of the test subject place the sample, in approximately equal proportions, in 2 containers suitable for the purpose; (i) each container referred to in paragraph (h) must contain a sufficient quantity of urine to enable an analysis to be made of the presence of a prescribed drug in the urine; (j) the authorised member must then mark each container in a manner approved by the Commissioner and seal each container; (k) it is the duty of the authorised member to take such measures as are reasonably practicable in the circumstances to ensure that the urine is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the urine of the test subject; (l) the authorised member must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the member and the test subject; (m) the original of the signed certificate must then be sent to or retained on behalf of the Commissioner; (n) a copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the urine sample. (2) A test subject must comply with all reasonable directions of an authorised member in connection with the taking of a urine sample and the signing of a certificate under this regulation. 34—Blood sample processes (1) The following are the procedures in accordance with which a sample of a test subject's blood must be taken and dealt with for the purposes of drug testing: (a) the sample must be taken by a medical practitioner or registered nurse in the presence of an observer; (b) the sample collector must place the sample, in approximately equal proportions, in 2 containers suitable for the purpose; (c) each container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of any prescribed drug present in the blood and the sample of blood taken by the sample collector must be such as to furnish 2 such quantities of blood; (d) the sample collector must then mark each container in a manner approved by the Commissioner and seal each container; (e) it is the duty of the sample collector to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of any prescribed drug present in the blood of the test subject; (f) the sample collector must then complete a certificate in the approved form by inserting the particulars required by the form, which must then be signed by the sample collector, the observer in whose presence the sample has been taken and the test subject; (g) the original of the signed certificate must then be sent to or retained on behalf of the Commissioner; (h) a copy of the signed certificate must be delivered to the test subject together with 1 of the sealed containers containing part of the blood sample; (i) a copy of the signed certificate must be delivered by the sample collector together with the other sealed container containing part of the blood sample to the observer; (j) the blood sample container and copy of the certificate referred to in paragraph (i) must not be delivered into the possession of the test subject. (2) A test subject must comply with all reasonable directions of a sample collector or observer in connection with the taking of a blood sample and the signing of a certificate under this regulation. 35—Analysis of biological sample (1) If— (a) an authorised member takes a urine or oral fluid sample and completes a certificate in relation to the sample; or (b) an observer is given a blood sample and a certificate in relation to the sample, in accordance with this Division, the authorised member or observer (as the case may be) must cause the sample and certificate to be delivered to Forensic Science SA as soon as is reasonably practicable after the relevant taking or giving of the sample or certificate. (2) The Director of Forensic Science SA must, as soon as possible following the delivery of a sample under subregulation (1), ensure that the sample is analysed by or under the supervision of an analyst to determine the presence of any prescribed drug in the sample. (3) The analyst must then complete and sign a certificate certifying as to the following matters: (a) the date of receipt at Forensic Science SA of the sample container and the certificate accompanying the sample container; (b) the details of the mark on the sample container and the manner in which it was sealed; (c) the name and professional qualifications of the analyst; (d) the presence of any prescribed drug found to be present in the sample; (e) any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis; (f) any other information relating to the sample or analysis (or both) that the analyst thinks fit to include. (4) The analyst's certificate must be sent by post to the test subject at the address shown as the test subject's address on the certificate accompanying the sample container. (5) A copy of the analyst's certificate must be sent to the Commissioner. (6) A biological sample delivered to Forensic Science SA under this regulation must be held by Forensic Science SA for a period of not less than 6 months following the delivery.