New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 236F

236F Testing of staff for alcohol, prohibited drugs and steroids

(1) An authorised person may require any member of correctional staff who is on duty, or who is present at the staff member's place of work and about to go on duty--

(a) to undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence or concentration of alcohol, or

(b) to provide, or enable to be taken, a non-invasive sample from the staff member for the purpose of testing for the presence of prohibited drugs or steroids,

in accordance with the directions of the authorised person and the regulations.

(2) The selection of a member of correctional staff for testing under subsection (1) may be conducted on a random or targeted basis and, in particular, on the basis of the results of previous testing.

(3) Without limiting the generality of subsection (1), if an incident occurs in which a person dies or is injured while in the custody of a member of correctional staff, or as the result of the discharge of a firearm by a member of correctional staff, an authorised person may require any member of correctional staff involved in the incident--

(a) to undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence or concentration of alcohol, or

(b) to provide, or enable to be taken, a non-invasive sample from the staff member for the purpose of testing for the presence of prohibited drugs or steroids,

in accordance with the directions of the authorised person and the regulations.

(4) An authorised person may require the staff member to remain on the premises where the test is to be conducted until the test is completed.

(5) A requirement pursuant to subsection (3) to undergo a test or to provide a sample is to be made by the authorised person as soon as practicable after the incident concerned.