New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 241A

241A Testing of correctional centre staff for alcohol and prohibited drugs

(1) In this section--

"employee" of a management company means a person employed by the management company, who holds an authority under section 240 to perform duties at a correctional centre managed by the management company.

"prohibited drug" has the same meaning as in the Drug Misuse and Trafficking Act 1985 .

(2) A management company must--

(a) prepare and implement a program, approved by the Commissioner, for the testing of its employees for alcohol and prohibited drugs, and

(b) ensure that its employees are not under the influence of alcohol or any prohibited drug when on duty, or when present at their place of work and about to go on duty, and

(c) report to the Commissioner, if requested in writing by the Commissioner to do so, on the implementation of the program.

(3) The Commissioner may, whenever the Commissioner considers it appropriate to do so, direct a management company to require an employee to undergo testing for alcohol and prohibited drugs--

(a) in accordance with the testing program approved by the Commissioner, or

(b) in accordance with Division 5 of Part 11 (as applied by subsection (5)) and the regulations.

(4) A management company must comply with a direction of the Commissioner given under this section.

(5) Division 5 of Part 11 applies in relation to the testing of an employee for alcohol and prohibited drugs as if the references to a member of correctional staff in that Division were references to an employee referred to in this section.

(6) For the purposes of subsection (3) (b), the regulations may make provision, in relation to employees referred to in this section, for or with respect to any matter for or with respect to which regulations may be made under Division 5 of Part 11 in relation to members of correctional staff (other than a matter referred to in section 236I (j) or (k)).

(7) This section applies to and in respect of a submanagement company and the persons it employs for the purposes of a submanagement agreement in the same way as it applies to and in respect of a management company and its employees.