Police (Testing for Alcohol or Drugs of Dependence) Amendment Regulations 2008
Police (Testing for Alcohol or Drugs of Dependence)
Amendment Regulations 2008
S.R. No. 25/2008
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Regulations 2
5 Amendment to the objective of the Principal Regulations 2
6 New Part 9 inserted 2
PART 9—TESTING FOR ALCOHOL OR DRUGS OF
DEPENDENCE 2
Division 1—General 2
48 Direction to furnish a sample of breath or urine or allow
a sample of blood to be taken 2
49 Taking of a sample of urine or blood—general 4
Division 2—Prescribed matters 5
50 Prescribed breath analysing instrument 5
51 Prescribed persons to take urine samples 6
Division 3—Breath analysis 7
52 Procedure for breath analysis 7
53 Certificate of breath analysis 7
Division 4—Taking blood samples 8
54 Procedure for taking blood sample 8
55 Procedure after taking blood sample 9
56 Certificate of taking of blood sample 10
Division 5—Taking urine samples 11
57 Procedure for collecting urine sample 11
58 Procedure after collecting urine samples 11
59 Certificate of taking of urine sample 13
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Regulation Page
Division 6—Analysis of urine or blood sample 13
60 Analysis of samples of urine or blood 13
61 Certificate of analysis of sample of urine or blood 14
Division 7—Handling of information and confidentiality 15
62 Confidentiality of test results 15
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STATUTORY RULES 2008
S.R. No. 25/2008
Police Regulation Act 1958
Police (Testing for Alcohol or Drugs of Dependence)
Amendment Regulations 2008
The Lieutenant-Governor as the Governor's deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 15 April 2008
Responsible Minister:
BOB CAMERON
Minister for Police and Emergency Services
RYAN HEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Police Regulations 2003 to prescribe matters
necessary for the testing of members of the police
force for alcohol or drugs of dependence.
2 Authorising provisions
These Regulations are made under sections 85H
and 130 of the Police Regulation Act 1958.
3 Commencement
These Regulations come into operation on the day
on which section 5 of the Police Regulation
Amendment Act 2007 comes into operation.
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4 Principal Regulations
In these Regulations, the Police Regulations
20031 are called the Principal Regulations.
5 Amendment to the objective of the Principal
Regulations
(1) In regulation 1(c) of the Principal Regulations, for
"1958." substitute "1958;".
(2) After regulation 1(c) of the Principal Regulations
insert—
"(d) to prescribe matters necessary for the testing
of members of the police force for alcohol
and drugs of dependence.".
6 New Part 9 inserted
After Part 8 of the Principal Regulations insert—
"PART 9—TESTING FOR ALCOHOL OR
DRUGS OF DEPENDENCE
Division 1—General
48 Direction to furnish a sample of breath or
urine or allow a sample of blood to be
taken
(1) A direction under section 85B of the Act to a
member of the police force 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 4A of Part IV of the
Act may be given orally or in writing.
(2) The direction must state—
(a) the reason that the direction is given
specifying whether it is believed that
the member—
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(i) has consumed alcohol or a drug of
dependence with the result that he
or she is incapable or inefficient in
performing his or her duties; or
(ii) has been involved in a critical
incident; or
(iii) ought be tested for the presence of
alcohol or a drug of dependence
for the good order or discipline of
the force; and
(b) the sample (whether breath, blood or
urine) that the member is required to
furnish; and
(c) that, if a sample is not furnished in the
circumstances specified in section 85D
of the Act, a registered medical
practitioner may be directed to take a
sample of the member's blood; and
(d) that the member is required to remain at
or attend specified premises for the
sample to be taken; and
(e) that the member should not consume
alcohol or drugs before the sample is
taken; and
(f) that the member should advise the
person taking the sample of breath,
urine or blood of any prescription
medication taken by the member; and
(g) that failure by the member to comply
with the direction is a breach of
discipline for the purposes of section 69
of the Act; and
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(h) that the test results will be given to the
Chief Commissioner and will otherwise
remain confidential save for any
disclosures authorised for the purposes
of the Act.
(3) If an oral direction is given to the member, a
notice in writing, specifying each of the
matters in subregulation (2), must be given
to the member as soon as practicable.
49 Taking of a sample of urine or blood—
general
(1) The taking of a sample of urine or blood
from the member must be conducted—
(a) in a respectful manner; and
(b) in circumstances affording reasonable
privacy to the member directed to
furnish a sample of urine or allow a
sample of his or her blood to be taken.
(2) A sample of urine or blood must not be taken
from the member 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.
(3) A sample of blood must not be taken from a
member who has been involved in a critical
incident if either—
(a) the registered medical practitioner
directed to take the sample; or
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(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
50 Prescribed breath analysing instrument
The breath analysing instruments prescribed
for the purposes of detecting the presence of
alcohol in the breath of a member for the
purposes of Division 4A of Part IV 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;
(l) Breathalyser Type II;
(m) Intoxilyzer;
(n) Intoximeter;
(o) AlcoScan;
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(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.
51 Prescribed persons to take urine samples
A person who is—
(a) a registered medical practitioner; or
(b) a nurse registered under the Health
Professions Registration Act 2005; or
(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—
may collect samples of urine from members
for the purposes of Division 4A of Part IV of
the Act.
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Division 3—Breath analysis
52 Procedure for breath analysis
(1) It is a requirement for the proper operation of
a breath analysing instrument that a person
operating the breath analysing instrument—
(a) does not require the member 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) provides 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 who is directed to furnish a
sample of his or her breath must do so by
exhaling continuously into the breath
analysis instrument to the satisfaction of the
person operating that instrument.
53 Certificate of breath analysis
The person operating a breath analysing
instrument must, after taking a sample of the
member's breath, complete and give to the
Chief Commissioner a certificate that
contains the following particulars—
(a) the concentration of alcohol indicated
by the breath analysing instrument to be
present in the member's breath;
(b) the serial number of the breath
analysing instrument;
(c) the sample number;
(d) the location of the test;
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(e) the name of the member whose breath
is tested;
(f) the name of the person operating the
breath analysing instrument;
(g) the results of the self test conducted by
the breath analysing instrument before
and after the member's breath is
analysed;
(h) the results of zero tests conducted by
the breath analysing instrument before
and after the member's breath is
analysed;
(i) the date and time the member's breath
was analysed.
Division 4—Taking blood samples
54 Procedure for taking blood sample
If a blood sample is taken by a registered
medical practitioner for the purposes of
Division 4A of Part IV 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.
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55 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
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(iv) (if known) the identification
number or code enabling the
sample to be identified by the
laboratory or drug testing service.
(2) If a blood sample is taken under Division 4A
of Part IV of the Act and has, in accordance
with this regulation, 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 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) The member from whom the sample was
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 at the
member's own expense, to a registered
medical practitioner or laboratory nominated
by the member.
56 Certificate of taking of blood sample
A registered medical practitioner who takes a
blood sample from a member must complete
and give to the member a certificate
stating—
(a) the medical practitioner's full name;
and
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(b) that the registered medical practitioner
was the medical practitioner who took
the sample from the member; and
(c) the date and time that the sample of
blood was taken; and
(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
57 Procedure for collecting urine sample
If a urine sample is collected from a member,
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.
58 Procedure after collecting urine samples
(1) A person collecting a urine sample from a
member 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
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(c) each container has attached to it a label
bearing—
(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 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 has, in accordance with this
regulation, been placed in containers which
have been sealed and labelled, the person
who collected the urine samples must ensure
that the containers are transported to a
laboratory or drug testing service for analysis
for the presence of alcohol or drugs of
dependence.
(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.
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(4) The member from whom the sample was
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, at the
member's own expense, to a registered
medical practitioner or laboratory nominated
by the member.
59 Certificate of taking of urine sample
A person who collects a urine sample from a
member must complete and give to the
member a certificate stating—
(a) the authorised person's full name; and
(b) that the person was the person who
collected the sample from the member;
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
60 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 4A of Part IV of the
Act must analyse the sample for the presence
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of alcohol or a drug of dependence and
provide a report on the analysis of that
sample to the Chief Commissioner.
61 Certificate of analysis of sample of urine
or blood
(1) As soon as practicable after a laboratory or
drug testing service has analysed the sample
of urine or blood of a member, the laboratory
must give a certificate to the Chief
Commissioner.
(2) The certificate must state—
(a) the full name of the member from
whom the sample was taken; and
(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, labelled and marked in
the manner specified in
regulation 55 or 58; 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
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(i) any factors which may have affected
the analysis results.
(3) The Chief Commissioner must provide a
copy of the certificate to the member from
whom the sample was taken as soon as
practicable.
Division 7—Handling of information and
confidentiality
62 Confidentiality of test results
(1) All records that relate to or include—
(a) a direction to a member under
section 85B of the Act; or
(b) any bodily fluid samples collected or
taken for testing for the presence of
alcohol or drugs under Division 4A of
Part IV of the Act; or
(c) the result of any testing of a sample of
breath, urine or blood of a member
under Division 4A of Part IV of the
Act—
must be kept in a secure location.
(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 under Division 4A of Part IV of
the Act unless—
(a) that information is already publicly
known; or
(b) disclosure of that information is
necessary under Division 4A of Part IV
of the Act; or
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(c) disclosure of that information is
necessary for the investigation of any
offence; or
(d) the member consents; or
(e) disclosure of that information is to
members of police personnel solely for
the purposes of—
(i) research and development of the
health of the police force as a
workplace; or
(ii) the management, supervision and
support of the member in the
workplace; or
(iii) the investigation of alleged
breaches of ethical standards and
other misconduct in the police
force; or
(f) 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 member who
provided the sample.
__________________".
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Endnotes
ENDNOTES
1 Reg. 4: S.R. No. 6/2003. Reprint No. 1 as at 16 March 2006. Reprinted to
S.R. No. 156/2005.
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