POLICE ACT 1990 - SECT 211A
Testing of police officers for alcohol and prohibited drugs
POLICE ACT 1990 - SECT 211A
Testing of police officers for alcohol and prohibited drugs
211A Testing of police officers for alcohol and prohibited drugs
(1) An
authorised person may require any police officer who is on duty in accordance
with a roster--
(a) to undergo a breath test, or submit to a breath analysis,
for the purpose of testing for the presence of alcohol, or
(b) to provide a
sample of the police officer's urine or hair (or both) for the purpose of
testing for the presence of prohibited drugs,
in accordance with the
directions of the authorised person and the regulations.
(2) The selection of
a police officer for testing pursuant to subsection (1) may be conducted on a
random or targeted basis.
(2A) An authorised person must require any
police officer directly involved in a mandatory testing incident to--
(a)
undergo a breath test, or submit to a breath analysis, for the purpose of
testing for the presence of alcohol, and
(b) provide a sample of their urine
or hair (or both) for the purpose of testing for the presence of prohibited
drugs,
in accordance with the directions of the authorised person and the
regulations.
(3) A police officer may be breath tested or required to undergo
breath analysis whether or not there is any suspicion that the officer has
recently consumed alcohol.
(4) If a police officer is selected for testing
because there is a suspicion that the officer has recently consumed alcohol,
any authorised person may administer the breath test or breath analysis.
However, if the police officer is selected on a random basis, the authorised
person who administers the breath test or breath analysis must not be a
police officer. This subsection applies only to testing pursuant to subsection
(1).
(4A) A requirement pursuant to subsection (2A) to undergo a test or to
provide a sample is to be made by an authorised person as soon as practicable
after the mandatory testing incident concerned. Any authorised person may
administer the breath test or breath analysis in such a case.
(4B) If a
police officer involved attends or is admitted to a hospital for examination
or treatment because of the mandatory testing incident, an authorised person
may require the officer to provide a sample of the officer's blood, urine or
hair in accordance with the directions of a medical practitioner who attends
the officer at the hospital.
(4C) Any such medical practitioner must take the
sample if informed by the 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.
Schedule 3 to the Road Transport Act 2013 applies to any taking of a sample
pursuant to this subsection as if the sample were a sample of blood taken
under clause 11 of that Schedule.
(4D) Any sample taken under subsection (4C)
is to be dealt with, and a report on the analysis of the sample is to be
provided, in accordance with the regulations. However, nothing in this section
or the regulations derogates from the operation of Schedule 3 to the Road
Transport Act 2013 .
(4E) A police officer of or above the rank of
superintendent may direct any off duty police officer to accompany another
police officer to any police premises to report for duty to provide a sample
of the off duty police officer's urine or hair (or both) for the purpose of
testing for the presence of prohibited drugs. The selection of police officers
for testing pursuant to this subsection is to be conducted on a targeted
basis, as determined by the Commissioner.
(4F) A police officer directed to
accompany another police officer pursuant to subsection (4E) must not refuse
to do so without reasonable excuse.
(4G) For the purposes of subsection (4E),
a police officer is taken to be
"off duty" other than when a police officer is required to report for duty in
accordance with a roster.
(5) The regulations may make provision for or with
respect to the following--
(a) the authorisation of persons--
(i) to
administer breath tests, breath analyses or other tests for the purpose of
detecting the presence of alcohol or prohibited drugs, and
(ii) to operate
equipment for that purpose,
(b) the conduct of testing, which may include the
taking of blood (but only with the consent of the person being tested) if a
breath test or breath analysis indicates the presence of alcohol,
(c) the
taking of samples of urine, hair or blood,
(d) the devices used in carrying
out the breath tests, breath analyses and other tests, including the
calibration, inspection and testing of those devices,
(e) the accreditation
of persons conducting analyses for the presence of prohibited drugs,
(f) the
procedure for the handling and analysis of samples of urine, hair or blood,
(g) offences relating to interference with test results or the testing
procedure,
(h) the confidentiality of test results,
(i) the circumstances
amounting to reasonable excuse for failing to accompany a police officer
pursuant to subsection (4E).
(5A) Subject to the regulations, section 109
(Measurement of alcohol concentrations) of the Road Transport Act 2013
applies in relation to the measurement of the concentration of alcohol in a
person's breath or blood for the purposes of this section and the regulations
in the same way as it applies for the purposes of that Act.
(a) the number
of breath tests, or drug tests involving the collection of samples, conducted
during the annual reporting period to which the information relates, and
(b)
the number of those tests in which a police officer tested positive for
alcohol in the officer's breath or blood, and
(c) the number of those tests
that indicated that a police officer had a prohibited drug in the officer's
body.
(7) In this section--
"authorised person" means a person authorised in accordance with the
regulations to conduct breath tests, breath analyses or other tests for the
purposes of this section and the regulations.
"breath test" means a test--
(a) that is designed to indicate the
concentration of alcohol present in a person's breath or blood, and
(b) that
is carried out on the person's breath by means of a device (not being a breath
analysing instrument) of a type approved by the Governor for the conduct of
breath tests under the Road Transport Act 2013 .
"mandatory testing incident" means an incident where a person is killed or
seriously injured--
(a) as a result of the discharge of a firearm by a
police officer, or
(b) as a result of the application of physical force by a
police officer, or
(c) while detained by a police officer, or while in police
custody, or
(d) in circumstances involving a police aircraft, motor vehicle
or vessel.
"police premises" means any police station, command, building, structure or
any other area occupied from time to time by the NSW Police Force.
