Youth Justice Act 2005
160Detainee may be tested for alcohol or illicit drug
Start here
Get a plain-English read of 160
Turn the raw legal text into a practical explanation grounded in Youth Justice Act 2005.
160 Detainee may be tested for alcohol or illicit drug (1) The superintendent of a detention centre may, for the purposes of the management, good order or security of the detention centre, direct that tests be conducted to determine whether there is any alcohol or illicit drug or substance present in the body of a particular detainee or any of the detainees. (2) The superintendent may only direct that a particular detainee be tested under subsection (1), if the superintendent has a reasonable belief that the detainee has or may have alcohol or an illicit drug or substance present in his or her body. (3) However, if the test is conducted as part of a random or routine procedure, subsection (2) does not apply. (4) The CEO may authorise a person to take samples of a detainee's blood, breath or urine for the purpose of determining whether there is present in the detainee's body any alcohol or illicit drug or substance. (5) For subsection (4), only a medical practitioner, nurse or midwife can be authorised to take a sample of a detainee's blood. (6) A detainee who is to be tested must provide a sufficient sample of his or her blood, breath or urine to a person authorised under subsection (4) to allow the determination of whether there is present in the detainee's body any alcohol or illicit drug or substance. (7) A person authorised under subsection (4) and a member of the staff of the detention centre who is assisting the person: a sufficient quantity of the detainee's blood, breath or urine is obtained; and (b) is not civilly or criminally liable in relation to the use of force or the taking of the sample. Note for subsection (7)(a)