New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 57

57 Drug tests for inmates

(1) This section applies to a correctional centre offence arising out of:

(a) the result of a test showing the presence of a drug in a non-invasive sample taken from or provided by an inmate, or

(b) an inmate refusing or failing to provide, or enable to be taken, from the inmate a non-invasive sample when required to do so by a correctional officer of or above the rank of Assistant Superintendent.

(2) The general manager or Visiting Magistrate dealing with a charge relating to an offence to which this section applies may order that an inmate be deprived, for up to 6 months, of such withdrawable privileges as the general manager or Visiting Magistrate may determine if satisfied beyond reasonable doubt that the inmate is guilty of the offence.

(3) The general manager or Visiting Magistrate is not to make such an order if the inmate establishes that the drug:

(a) was administered on and in accordance with the prescription of a registered medical practitioner or registered dentist, or

(b) was lawfully supplied by, and taken in accordance with the instructions of, a registered medical practitioner, registered dentist or registered nurse, or

(c) was taken or administered in such form or preparation as may be allowed by the regulations, or

(d) was present in a quantity that does not exceed the quantity (if any) prescribed by the regulations, or

(e) was not a drug within the meaning of this Act at the time it was taken by or administered to the inmate.