New South Wales Consolidated Acts

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

236G Testing where member of correctional staff attends hospital

(1) If a member of correctional staff attends or is admitted to a hospital for examination or treatment because of an incident referred to in section 236F (3), an authorised person may require the member of staff to provide, or enable to be taken, a sample of blood or a non-invasive sample from the staff member in accordance with the directions of a medical practitioner who attends the member of staff at the hospital.

(2) Any such medical practitioner must take the sample if informed by an authorised person that the sample is required to be taken by the practitioner, but not a sample of blood if such a sample is taken under clause 11 of Schedule 3 to the Road Transport Act 2013 instead.

(3) If there is no medical practitioner present to attend the staff member at the hospital, the sample is to be taken by a registered nurse who is attending the staff member and who is accredited by a hospital to perform the sampling procedures.

(4) Clauses 17, 18, 19 and 20 of Schedule 3 to the Road Transport Act 2013 apply to any taking, or provision, of a sample of blood or a non-invasive sample under subsection (1) as if the sample were a sample of blood taken under clause 11 of Schedule 3 to that Act.

(5) Any sample taken under subsection (1) is to be dealt with, and a report on the analysis of the sample is to be provided, in accordance with the regulations.

(6) Nothing in this section or the regulations derogates from the operation of Schedule 3 to the Road Transport Act 2013 in its application to the taking of samples under clause 11 of that Schedule.