Police Integrity Regulations 2009

i Police Integrity Regulations 2009 S.R. No. 45/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Definition 2 PART 2—LAW ENFORCEMENT AGENCIES 3 5 Disclosure of information to law enforcement agencies and corresponding authorities 3 PART 3—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE 4 Division 1—General 4 6 Direction to furnish a sample of breath or urine or allow a sample of blood to be taken 4 7 Obligations on a member of OPI personnel to whom a direction under section 31 of the Act has been given 6 8 Taking of a sample of urine or blood—general 6 Division 2—Prescribed matters 7 9 Prescribed breath analysing device 7 10 Prescribed persons to collect urine samples 8 Division 3—Breath analysis 9 11 Procedure for breath analysis 9 12 Certificate of breath analysis 9 Division 4—Taking blood samples 10 13 Procedure for taking blood sample 10 14 Procedure after taking blood sample 11 15 Certificate of taking of blood sample 12 -- 1 of 23 -- Regulation Page ii Division 5—Taking urine samples 13 16 Procedure for collecting urine sample 13 17 Procedure after collecting urine sample 13 18 Certificate of taking of urine sample 14 Division 6—Analysis of urine or blood sample 15 19 Analysis of samples of urine or blood 15 20 Certificate of analysis of sample of urine or blood 15 Division 7—Handling of information and confidentiality 16 21 Confidentiality of test results 16 PART 4—REPORTS TO SPECIAL INVESTIGATIONS MONITOR 19 22 Director must report other matters to Special Investigations Monitor 19 ═══════════════ -- 2 of 23 -- 1 STATUTORY RULES 2009 S.R. No. 45/2009 Police Integrity Act 2008 Police Integrity Regulations 2009 The Governor in Council makes the following Regulations: Dated: 5 May 2009 Responsible Minister: BOB CAMERON Minister for Police and Emergency Services RYAN HEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to prescribe— (a) bodies as law enforcement agencies for the purposes of disclosure of information under section 24 of the Police Integrity Act 2008; (b) matters necessary for the testing of members of OPI personnel for alcohol or drugs of dependence under Division 5 of Part 2 of the Police Integrity Act 2008; (c) matters to be set out in a written report of the Director to the Special Investigations Monitor under section 117 of the Police Integrity Act 2008; (d) other matters authorised to be prescribed under the Act. -- 3 of 23 -- Part 1—Preliminary Police Integrity Regulations 2009 S.R. No. 45/2009 2 2 Authorising provisions These Regulations are made under sections 37 and 131 of the Police Integrity Act 2008. 3 Commencement These Regulations come into operation on 8 May 2009. 4 Definition In these Regulations, the Act means the Police Integrity Act 2008. __________________ r. 2 -- 4 of 23 -- Part 2—Law Enforcement Agencies Police Integrity Regulations 2009 S.R. No. 45/2009 3 PART 2—LAW ENFORCEMENT AGENCIES 5 Disclosure of information to law enforcement agencies and corresponding authorities For the purposes of the definition of law enforcement agency in section 24 of the Act, the following are bodies prescribed as a law enforcement agency of another jurisdiction— (a) the Australian Customs Service; (b) the Australian Securities and Investments Commission; (c) the Australian Taxation Office; (d) the Australian Transaction Reports and Analysis Centre; (e) CrimTrac. __________________ r. 5 -- 5 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 4 PART 3—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE Division 1—General 6 Direction to furnish a sample of breath or urine or allow a sample of blood to be taken (1) A direction under section 31 of the Act to a member of OPI personnel to furnish a sample of breath or urine or allow a sample of the member's blood to be taken for the purposes of Division 5 of Part 2 of the Act may be given orally or in writing. (2) The direction must state— (a) the reason why the Director gives the direction, specifying whether the Director believes that the member of OPI personnel— (i) has consumed alcohol or a drug of dependence and as a result is incapable of, or inefficient in, performing his or her duties; or (ii) has been involved in a critical incident; or (iii) ought to be tested for alcohol or a drug of dependence in order for the Director— (A) to manage the member of OPI personnel's performance of his or her duties; or (B) to take disciplinary action against the member of OPI personnel; and r. 6 -- 6 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 5 (b) the type of sample (being breath, blood or urine) that the member of OPI personnel is required to furnish; and (c) that, if a sample is not furnished and the Director believes the circumstances referred to in section 33 of the Act apply, a registered medical practitioner may be directed to take a sample of the member of OPI personnel's blood; and (d) that the member of OPI personnel is required to remain at or attend specified premises for the sample to be taken; and (e) that the member of OPI personnel must not consume alcohol or drugs before the sample is taken; and (f) that the member of OPI personnel must advise the person taking the sample of breath, urine or blood of any prescription medication taken by the member of OPI personnel; and (g) that failure by the member of OPI personnel to comply with the direction may constitute grounds for disciplinary action against the member of OPI personnel; and (h) that the test results will be given to the Director and will otherwise remain confidential, other than any disclosures authorised for the purposes of the Act. (3) If an oral direction is given to the member of OPI personnel, a notice in writing, specifying each of the matters in subregulation (2), must be given to the member as soon as practicable. r. 6 -- 7 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 6 7 Obligations on a member of OPI personnel to whom a direction under section 31 of the Act has been given A member of OPI personnel to whom a direction under section 31 of the Act has been given— (a) must remain at or attend specified premises for the purpose of providing the sample to be taken; and (b) must not consume alcohol or drugs until the sample is taken; and (c) must advise the person taking the sample of breath, urine or blood of any prescription medication taken by the member. 8 Taking of a sample of urine or blood—general (1) The taking of a sample of urine or blood from a member of OPI personnel must be conducted— (a) in a respectful manner; and (b) in circumstances affording reasonable privacy to a member of OPI personnel directed to furnish a sample of urine or to allow a sample of his or her blood to be taken. (2) The taking of a sample of urine or blood from a member of OPI personnel must not occur in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample and must not require— (a) the removal of more clothing than is necessary for the sample to be taken; and (b) more visual inspection of the member than is necessary for the sample to be taken. r. 7 -- 8 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 7 (3) A sample of blood must not be taken from a member of OPI personnel who has been involved in a critical incident if either— (a) the registered medical practitioner directed to take the sample; or (b) the registered medical practitioner primarily responsible for the examination and treatment of the member— is of the opinion that the taking of the sample would be prejudicial to the member's care and treatment. Division 2—Prescribed matters 9 Prescribed breath analysing device The breath analysing devices prescribed for the purposes of detecting the presence of alcohol in the breath of a member of OPI personnel for the purposes of Division 5 of Part 2 of the Act are the breath testing devices known as— (a) Alcotest 80/A; (b) Lion Alcolmeter SD-400PA; (c) Lion Alcolmeter SD 400; (d) Lion Alcolmeter 500; (e) Lion Alcolmeter S-D2; (f) Drager Alcotest 80A; (g) Drager Alcotest 6510; (h) Drager Alcotest 6810; (i) Alcolizer LE; (j) Alcolizer HH1; (k) Alcolizer HH2; r. 9 -- 9 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 8 (l) Breathalyser Type II; (m) Intoxilyzer; (n) Intoximeter; (o) AlcoScan; (p) AlcoScan AL-2500; (q) AlcoScan AL-3500; (r) AlcoSensor; (s) Datamaster, AlcoMatePrestige; (t) AlcoHawk Precision; (u) AlcoHawk ABI; (v) Breathalyser L-6000; (w) ProLifeloc FC10; (x) Lifeloc FC10 Plus; (y) Lifeloc FC20; (z) Guth LabsAlcoTector. 10 Prescribed persons to collect urine samples The following persons are authorised to collect samples of urine from members of OPI personnel under Division 5 of Part 2 of the Act— (a) a registered medical practitioner; (b) a nurse registered under the Health Professions Registration Act 2005; (c) a person who— (i) has knowledge and expertise in standards and practices related to the collection and storage of urine samples; and (ii) is employed by a laboratory or drug testing service. r. 10 -- 10 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 9 Division 3—Breath analysis 11 Procedure for breath analysis (1) It is a requirement for the proper operation of a breath analysing device that a person operating the breath analysing device— (a) must not require a member of OPI personnel to provide a breath sample for analysis until the person is satisfied that the member has not consumed any alcohol for a period of at least 15 minutes before the analysis; and (b) must provide a fresh mouthpiece for use by the member that, until required for taking the breath sample, has been kept in a sealed container. (2) A member of OPI personnel who is directed to furnish a sample of his or her breath must do so by exhaling continuously into the breath analysis device to the satisfaction of the person operating that device. 12 Certificate of breath analysis A person operating a breath analysing device must, after taking a sample of a member of OPI personnel's breath, complete and give to the Director a certificate that contains the following particulars— (a) the concentration of alcohol indicated by the breath analysing device to be present in the member's breath; (b) the serial number of the breath analysing device; (c) the sample number; r. 11 -- 11 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 10 (d) the location of the test; (e) the name of the member of OPI personnel whose breath is tested; (f) the name of the person operating the breath analysing device; (g) the results of the self test conducted by the breath analysing device before and after the member of OPI personnel's breath is analysed; (h) the results of zero tests conducted by the breath analysing device before and after the member of OPI personnel's breath is analysed; (i) the date and time that the member of OPI personnel's breath was analysed. Division 4—Taking blood samples 13 Procedure for taking blood sample If a blood sample is taken by a registered medical practitioner for the purposes of Division 5 of Part 2 of the Act, the site of the puncture must be cleansed with a swab taken from a container which— (a) appears to be sealed against contamination; and (b) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. r. 13 -- 12 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 11 14 Procedure after taking blood sample (1) A registered medical practitioner who takes a blood sample must ensure that— (a) the sample of blood is placed into 2 dry containers, each containing approximately the same amount of blood; and (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and (ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and (d) each container has attached to it a label bearing— (i) the signature of the registered medical practitioner; and (ii) the date and the time the blood sample was taken; and (iii) the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken; and (iv) if known, the identification number or code enabling the sample to be identified by the laboratory or drug testing service. r. 14 -- 13 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 12 (2) If a blood sample is taken under Division 5 of Part 2 of the Act and has, in accordance with subregulation (1), been placed in containers that have been sealed and labelled, the registered medical practitioner must ensure that the containers are transported to a laboratory or drug testing service for analysis. (3) The laboratory or drug testing service must— (a) analyse the sample of blood in one of the containers for the presence of alcohol or a drug of dependence; and (b) store the other container for a period of not less than 12 months. (4) A member of OPI personnel from whom a sample is taken may, within 12 months after the taking of the sample, apply to the laboratory or drug testing service for the sample in the stored container to be sent for analysis to a registered medical practitioner or laboratory nominated by the member at the member's own expense. 15 Certificate of taking of blood sample A registered medical practitioner who takes a blood sample from a member of OPI personnel must complete and give to the member a certificate stating— (a) the registered medical practitioner's full name; and (b) that the registered medical practitioner was the registered medical practitioner who took the sample from the member; and (c) the date and time that the sample of blood was taken; and r. 15 -- 14 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 13 (d) that a sufficient sample of blood was collected to enable the testing for the presence of alcohol or a drug of dependence; and (e) if known, the laboratory or drug testing service where the sample of blood will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service. Division 5—Taking urine samples 16 Procedure for collecting urine sample If a urine sample is collected from a member of OPI personnel, the person collecting the sample must ensure that the sample is collected in a container that is clean and dry and that has not previously been used. 17 Procedure after collecting urine sample (1) A person collecting a urine sample from a member of OPI personnel must ensure that— (a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and (b) each container is fitted with a tamper-proof locking seal; and (c) each container has attached to it a label that bears— (i) the signature of the person who collected the urine sample; and (ii) the date and the time the sample was collected; and (iii) the name of the person from whom the sample was collected or, if the name of the person is not known, sufficient r. 16 -- 15 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 14 information to enable the sample to be identified with the person from whom it was collected; and (iv) if possible, the identification number or code enabling the sample to be identified by the laboratory or drug testing service. (2) If a urine sample is collected under Division 5 of Part 2 of the Act and has, in accordance with subregulation (1), been placed in containers which have been sealed and labelled, the registered medical practitioner must ensure that the containers are transported to a laboratory or drug testing service for analysis. (3) The laboratory or drug testing service must— (a) analyse the sample of urine in one of the containers for the presence of alcohol or a drug of dependence; and (b) store the other container for a period of not less than 12 months. (4) A member of OPI personnel from whom a sample is collected may, within 12 months after the taking of the sample, apply to the laboratory or drug testing service for the sample in the stored container to be sent for analysis to a registered medical practitioner or laboratory nominated by the member at the member's own expense. 18 Certificate of taking of urine sample A person who collects a urine sample from a member of OPI personnel must complete and give to the member a certificate stating— (a) the full name of the person authorised under regulation 10 to collect a urine sample; and r. 18 -- 16 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 15 (b) that the person was the person who collected the sample from the member of OPI personnel; and (c) the date and time that the sample of urine was collected; and (d) that a sufficient sample of urine was collected to enable the testing for the presence of alcohol or a drug of dependence; and (e) if known, the laboratory or drug testing service where the sample of urine will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service. Division 6—Analysis of urine or blood sample 19 Analysis of samples of urine or blood A laboratory or drug testing service that receives a sample of urine or blood for the purposes of Division 5 of Part 2 of the Act must— (a) analyse the sample for the presence of alcohol or a drug of dependence; and (b) provide a report on the analysis of that sample to the Director. 20 Certificate of analysis of sample of urine or blood (1) As soon as practicable after a laboratory or drug testing service has analysed a sample of urine or blood of a member of OPI personnel, the laboratory must give a certificate to the Director. (2) The certificate must state— (a) the full name of the member of OPI personnel from whom the sample was taken; and r. 19 -- 17 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 16 (b) the date when the sample was received in the laboratory or drug testing service for analysis; and (c) that a container holding the member's sample of urine or blood— (i) was received at the laboratory or drug testing service; and (ii) was sealed and labelled in accordance with regulation 14 or 17 as the case may be; and (d) that the seal of the container was unbroken; and (e) the approved laboratory identification number of the sample; and (f) the date when the analysis was conducted; and (g) the results of the analysis of the sample; and (h) the signature and name of the person who conducted the analysis; and (i) any factors which may have affected the analysis results. (3) The Director must provide a copy of the certificate to the member of OPI personnel from whom the sample was taken as soon as practicable. Division 7—Handling of information and confidentiality 21 Confidentiality of test results (1) The following records must be kept in a secure location— (a) all records that relate to or include a direction to a member of OPI personnel under section 31 of the Act; r. 21 -- 18 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 17 (b) all records that relate to or include any bodily fluid samples collected or taken for testing for the presence of alcohol or drugs under Division 5 of Part 2 of the Act; (c) all records that relate to or include the result of any testing of a sample of breath, urine or blood of a member of OPI personnel under Division 5 of Part 2 of the Act. (2) A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of a member of OPI personnel under Division 5 of Part 2 of the Act unless— (a) that information is already publicly known; or (b) disclosure of that information is required or authorised under Division 5 of Part 2 of the Act; or (c) disclosure of that information is necessary for the investigation of any offence; or (d) the member of OPI personnel consents; or (e) the disclosure of information is for the management, supervision and support of the member of OPI personnel in the workplace; or (f) the disclosure of information is necessary to enable the Director to determine whether to take disciplinary action against the member of OPI personnel and for the purpose of determining the outcome of any discipline action; or (g) the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that may be used to identify the r. 21 -- 19 of 23 -- Part 3—Testing for Alcohol or Drugs of Dependence Police Integrity Regulations 2009 S.R. No. 45/2009 18 member of OPI personnel who provided the sample. __________________ r. 21 -- 20 of 23 -- Part 4—Reports to Special Investigations Monitor Police Integrity Regulations 2009 S.R. No. 45/2009 19 PART 4—REPORTS TO SPECIAL INVESTIGATIONS MONITOR 22 Director must report other matters to Special Investigations Monitor For the purposes of section 117(2)(d) of the Act, the following matters are prescribed— (a) whether the person was brought before the Director under a written direction under section 57 of the Act; (b) whether the Director gave the person a confidentiality notice under section 58 of the Act; (c) whether the person has been charged with an offence against section 59(1) of the Act; (d) if the person attended the Director following the issue of an arrest warrant under section 84(2) of the Act, whether the person was detained in police custody and if so— (i) how long the person was detained; and (ii) the place of detention; and (iii) whether the person applied to a bail justice for discharge from custody; (e) the duration of the attendance of the person on the Director; (f) whether the person was aged under 18 years and if so whether— (i) a parent or guardian of the person or an independent person was present during the person's attendance; and r. 22 -- 21 of 23 -- Part 4—Reports to Special Investigations Monitor Police Integrity Regulations 2009 S.R. No. 45/2009 20 (ii) it reasonably appeared to the Director that the person exercised his or her right to confer with the parent, guardian or independent person, as the case may be, before giving any evidence, providing any information or producing any document or thing; (g) whether the Director believed the person to have a mental impairment and if so whether— (i) an independent person was present during the person's attendance; and (ii) it reasonably appeared to the Director that the person exercised his or her right to confer with the independent person before giving any evidence, providing any information or producing any document or thing; (h) whether the person had legal or other representation; (i) whether the Director has issued a certificate of charge and an arrest warrant under section 79 of the Act and if so— (i) details of the alleged contempt of the Director as set out in the certificate of charge; and (ii) whether the arrest warrant was executed and if so— (A) how long the person has been detained, to the extent known at the time the report is written; and (B) the place of detention; and (C) whether the person has applied to a bail justice for discharge from custody; and r. 22 -- 22 of 23 -- Part 4—Reports to Special Investigations Monitor Police Integrity Regulations 2009 S.R. No. 45/2009 21 (iii) details of the outcome of the contempt of the Director being dealt with by the Supreme Court, to the extent known at the time the report is written. ═══════════════ r. 22 -- 23 of 23 --