NTIn ForceAct
Youth Justice Act 2005
160Detainee may be tested for alcohol or illicit drug
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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)