sec.9Blood specimens

### sec.9 Blood specimens In taking a specimen of a rail safety worker’s blood for a laboratory test, a health care professional must— take the specimen from any vein selected by the health care professional; and not use a substance that the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning— the site of the venipuncture; or a needle or syringe used for taking the specimen; and take a sufficient quantity of blood for the laboratory test; and place the specimen in a specimen tube; and place on the specimen tube an identifying number; and sign a certificate (a specimen certificate ) stating— the name of the rail safety worker from whom the specimen was taken; and the date on which, and the place and time at which, the specimen was taken; and the identifying number the health care professional placed on the specimen tube containing the specimen; and the name of the authorised person who directed the rail safety worker to provide the specimen. A copy of the specimen certificate is to be given to an analyst with the specimen of blood. The copy of the specimen certificate given to the analyst is sufficient authority for the analyst to issue an analyst’s certificate for the specimen. A specimen certificate is admissible in evidence and is, unless the contrary is proved, conclusive evidence of the matters stated in the certificate. In a proceeding for an offence against the national law, part 3 , it is to be conclusively presumed that no substance containing alcohol or ether was used by a health care professional in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, unless he or she gives evidence on oath that he or she did so. If a health care professional gives evidence on oath that a substance containing alcohol or ether was used by him or her in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, it is to be conclusively presumed that the use of the substance did not affect the result of an analysis of a specimen taken by him or her unless the contrary is proved. If, in a certificate issued by an analyst for the purposes of the Act in relation to a specimen of blood, the analyst states there was a sufficient quantity of blood for the purposes of analysis and that the specimen was capable of analysis, the certificate is sufficient evidence of those matters unless the contrary is proved. (sec.9-ssec.1) In taking a specimen of a rail safety worker’s blood for a laboratory test, a health care professional must— take the specimen from any vein selected by the health care professional; and not use a substance that the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning— the site of the venipuncture; or a needle or syringe used for taking the specimen; and take a sufficient quantity of blood for the laboratory test; and place the specimen in a specimen tube; and place on the specimen tube an identifying number; and sign a certificate (a specimen certificate ) stating— the name of the rail safety worker from whom the specimen was taken; and the date on which, and the place and time at which, the specimen was taken; and the identifying number the health care professional placed on the specimen tube containing the specimen; and the name of the authorised person who directed the rail safety worker to provide the specimen. (sec.9-ssec.2) A copy of the specimen certificate is to be given to an analyst with the specimen of blood. (sec.9-ssec.3) The copy of the specimen certificate given to the analyst is sufficient authority for the analyst to issue an analyst’s certificate for the specimen. (sec.9-ssec.4) A specimen certificate is admissible in evidence and is, unless the contrary is proved, conclusive evidence of the matters stated in the certificate. (sec.9-ssec.5) In a proceeding for an offence against the national law, part 3 , it is to be conclusively presumed that no substance containing alcohol or ether was used by a health care professional in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, unless he or she gives evidence on oath that he or she did so. (sec.9-ssec.6) If a health care professional gives evidence on oath that a substance containing alcohol or ether was used by him or her in cleaning the site of a venipuncture, or a needle or syringe used for taking a specimen, it is to be conclusively presumed that the use of the substance did not affect the result of an analysis of a specimen taken by him or her unless the contrary is proved. (sec.9-ssec.7) If, in a certificate issued by an analyst for the purposes of the Act in relation to a specimen of blood, the analyst states there was a sufficient quantity of blood for the purposes of analysis and that the specimen was capable of analysis, the certificate is sufficient evidence of those matters unless the contrary is proved. - (a) take the specimen from any vein selected by the health care professional; and - (b) not use a substance that the health care professional believes on reasonable grounds to be or to contain alcohol or ether when cleaning— (i) the site of the venipuncture; or (ii) a needle or syringe used for taking the specimen; and - (i) the site of the venipuncture; or - (ii) a needle or syringe used for taking the specimen; and - (c) take a sufficient quantity of blood for the laboratory test; and - (d) place the specimen in a specimen tube; and - (e) place on the specimen tube an identifying number; and - (f) sign a certificate (a specimen certificate ) stating— (i) the name of the rail safety worker from whom the specimen was taken; and (ii) the date on which, and the place and time at which, the specimen was taken; and (iii) the identifying number the health care professional placed on the specimen tube containing the specimen; and (iv) the name of the authorised person who directed the rail safety worker to provide the specimen. - (i) the name of the rail safety worker from whom the specimen was taken; and - (ii) the date on which, and the place and time at which, the specimen was taken; and - (iii) the identifying number the health care professional placed on the specimen tube containing the specimen; and - (iv) the name of the authorised person who directed the rail safety worker to provide the specimen. - (i) the site of the venipuncture; or - (ii) a needle or syringe used for taking the specimen; and - (i) the name of the rail safety worker from whom the specimen was taken; and - (ii) the date on which, and the place and time at which, the specimen was taken; and - (iii) the identifying number the health care professional placed on the specimen tube containing the specimen; and - (iv) the name of the authorised person who directed the rail safety worker to provide the specimen.