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Queensland
POLICE SERVICE
ADMINISTRATION
(ALCOHOL AND DRUG
TESTING) AMENDMENT
BILL 2003
Queensland
POLICE SERVICE ADMINISTRATION
(ALCOHOL AND DRUG TESTING)
AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF POLICE SERVICE
ADMINISTRATION ACT 1990
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 1.4 (Definitions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 5A--ALCOHOL AND DRUG TESTS
Division 1--General
5A.1 Object of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5A.2 Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5A.3 Persons to whom pt 5A applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5A.4 Substances to which pt 5A applies . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5A.5 Part does not affect other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Provisions about alcohol testing
5A.6 When is a person over the limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5A.7 Alcohol limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5A.8 Circumstances for alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5A.9 Random alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5A.10 Providing specimen of breath for alcohol test or random alcohol
test ............................................. 11
5A.11 Failure to provide specimen of breath . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
Division 3--Provisions about drug testing
5A.12 Targeted substance levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5A.13 Circumstances for targeted substance testing . . . . . . . . . . . . . . . . . . 12
5A.14 Providing specimen for targeted substance test . . . . . . . . . . . . . . . . . 13
5A.15 Effect of failure to provide specimen of urine . . . . . . . . . . . . . . . . . . 13
Division 4--What happens if a test result is positive
5A.16 If alcohol or targeted substance test positive . . . . . . . . . . . . . . . . . . . 14
5A.17 Effect of failure to comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 5--General
5A.18 Giving requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5A.19 Interfering with specimens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5A.20 Test result evidence generally inadmissible. . . . . . . . . . . . . . . . . . . . 16
5A.21 Evidentiary provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5A.22 Application of Freedom of Information Act 1992 . . . . . . . . . . . . . . . 17
5A.23 Limitation on disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . 17
PART 3--AMENDMENT OF JUDICIAL REVIEW ACT 1991
6 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Amendment of sch 1 (Operation of other laws) . . . . . . . . . . . . . . . . . . . . . . 18
2003
A BILL
FOR
An Act to amend the Police Service Administration Act 1990, and for
other purposes
s1 4 s4
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Police Service Administration (Alcohol and 4
Drug Testing) Amendment Act 2003. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF POLICE SERVICE 8
ADMINISTRATION ACT 1990 9
3 Act amended in pt 2
Clause 10
This part amends the Police Service Administration Act 1990. 11
4 Amendment of s 1.4 (Definitions)
Clause 12
Section 1.4-- 13
insert-- 14
` "alcohol test", for part 5A, see section 5A.2.1 15
"authorised person", for part 5A, see section 5A.2. 16
"covert operative" see the Police Powers and Responsibilities Act 2000, 17
schedule 4.2 18
1 Section 5A.2 (Definitions for pt 5A)
2 Police Powers and Responsibilities Act 2000, schedule 4 (Dictionary)
s5 5 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
"critical area", for part 5A, see section 5A.2. 1
"critical incident", for part 5A, see section 5A.2. 2
"dangerous drug", for part 5A, see section 5A.2. 3
"deputy commissioner", for part 5A, see section 5A.2. 4
"evidence", for part 5A, see section 5A.2. 5
"general alcohol limit", for part 5A, see section 5A.2. 6
"low alcohol limit", for part 5A, see section 5A.2. 7
"medical examination", for part 5A, see section 5A.2. 8
"no alcohol limit", for part 5A, see section 5A.2. 9
"over the limit", for part 5A, see section 5A.2. 10
"random alcohol test", for part 5A, see section 5A.2. 11
"relevant member", for part 5A, see section 5A.2. 12
"targeted substance", for part 5A, see section 5A.2. 13
"targeted substance test", for part 5A, see section 5A.2.'. 14
5 Insertion of new pt 5A
Clause 15
After section 5.16-- 16
insert-- 17
`PART 5A--ALCOHOL AND DRUG TESTS 18
`Division 1--General 19
`5A.1 Object of pt 5A 20
`The objects of this part are-- 21
(a) to ensure appropriate steps are taken in the interests of the health 22
and welfare of relevant members of the service; and 23
(b) to enhance the public's confidence in the service and the integrity 24
of the service. 25
s5 6 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`5A.2 Definitions for pt 5A 1
`In this part-- 2
"alcohol test" means a test for deciding whether a relevant member is over 3
the limit applying to the member when the test is conducted. 4
"authorised person" means-- 5
(a) in all cases--the commissioner or deputy commissioner; or 6
(b) for an alcohol test or a random alcohol test--a commissioned 7
officer who holds rank above the rank of the person to be tested; 8
or 9
(c) for periodic testing of a covert operative--a commissioned 10
officer who-- 11
(i) is responsible for supervising covert operatives; and 12
(ii) is above the rank of the covert operative to be tested; or 13
(d) for a test to be conducted because of section 5A.8(c)--a 3
14
commissioned officer who holds rank above the rank of the 15
person to be tested; or 16
(e) for section 5A.10 or 5A.144--a commissioned officer who holds 17
rank above the rank of the person to be tested. 18
"covert operative" see the Police Powers and Responsibilities Act 2000, 19
schedule 4.5 20
"critical area" means any of the following in which a staff member or 21
recruit performs functions for the police service-- 22
(a) a communications centre; 23
(b) a driver training facility; 24
(c) a facility used for storing dangerous drugs under the Police 25
Powers and Responsibilities Act 2000, chapter 11, part 4;6 26
(d) a magazine used for storing explosives; 27
3 Section 5A.8 (Circumstances for alcohol testing)
4 Section 5A.14 (Providing specimen for targeted substance test)
5 Police Powers and Responsibilities Act 2000, schedule 4 (Dictionary)
6 Police Powers and Responsibilities Act 2000, chapter 11 (Administration), part 4
(Use of dangerous drugs for training)
s5 7 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
(e) a police armoury or weapons collection facility; 1
(f) a property point as defined under the Police Powers and 2
Responsibilities Act 2000; 3
(g) a watch-house; 4
(h) a weapons training facility; 5
(i) the unit known as the police air wing; 6
(j) a place prescribed under a regulation as a critical area. 7
"critical incident" means-- 8
(a) an incident in which it was necessary for an officer on duty to 9
discharge a firearm in circumstances that caused or could have 10
caused injury to a person; or 11
(b) a death of a person in custody; or 12
(c) either of the following in which a person dies or because of 13
which a person is admitted to hospital for treatment of injuries-- 14
(i) a vehicle pursuit; 15
(ii) a workplace incident at a police station or police 16
establishment. 17
"dangerous drug" means a dangerous drug under the Drugs Misuse 18
Act 1986. 19
"deputy commissioner" means the executive officer holding rank as 20
deputy commissioner. 21
"evidence", of a targeted substance in a person's urine, includes evidence 22
of the presence of the following in the person's urine-- 23
(a) a targeted substance; 24
(b) a substance that is used in a targeted substance; 25
(c) a metabolite of a targeted substance. 26
"general alcohol limit" means the general alcohol limit under 27
section 5A.6(1)(c).7 28
"low alcohol limit" means the low alcohol limit under section 5A.6(1)(b). 29
7 Section 5A.6 (When is a person over the limit)
s5 8 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
"medical examination" includes medical assessment and test, whether 1
physical or mental. 2
"no alcohol limit" means the no alcohol limit under section 5A.6(1)(a). 3
"over the limit", in relation to a relevant member, means the member is 4
over the general alcohol limit, the low alcohol limit or the no alcohol 5
limit applying to the member. 6
"random alcohol test" means an alcohol test conducted under 7
section 5A.9.8 8
"relevant member" see section 5A.3.9 9
"targeted substance" means-- 10
(a) a dangerous drug; or 11
(b) another substance mentioned in section 5A.4 (c) or (d).
10
12
"targeted substance test" means a test for deciding whether a relevant 13
member has evidence of a targeted substance in the member's urine. 14
`5A.3 Persons to whom pt 5A applies 15
`(1) This part applies only to a member of the service ( relevant
" 16
member") who is-- 17
(a) an officer; or 18
(b) a staff member whose duties include performing functions in a 19
critical area; or 20
(c) an assistant watch-house officer or a person whose duties include 21
duties as an assistant watch-house manager; or 22
(d) a police radio and electronics technician; or 23
(e) a recruit. 24
`(2) However, if the critical area mentioned in subsection (1) is a driver 25
training facility, this part applies only to a staff member who is a driver, 26
instructor or mechanic at the facility. 27
8 Section 5A.9 (Random alcohol testing)
9 Section 5A.3 (Persons to whom part 5A applies)
10 Section 5A.4 (Substances to which pt 5A applies)
s5 9 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`5A.4 Substances to which pt 5A applies 1
`This part applies only in relation to the following substances-- 2
(a) alcohol; 3
(b) a dangerous drug; 4
(c) a substance that is a controlled drug, a restricted drug or a poison 5
under the Health Act 1937 that may impair a person's physical or 6
mental capacity; 7
(d) another substance that may impair a person's physical or mental 8
capacity. 9
`5A.5 Part does not affect other powers 10
`This part does not affect the commissioner's powers under section 8.3.
11
11
`Division 2--Provisions about alcohol testing 12
`5A.6 When is a person over the limit 13
`(1) For this part-- 14
(a) a person is over the "no alcohol limit" if the concentration of 15
alcohol in the person's breath is more than 0 g of alcohol in 16
210 L of breath; 17
(b) a person is over the "low alcohol limit" if the concentration of 18
alcohol in the person's breath is, or is more than, 0.02 g of 19
alcohol in 210 L of breath; 20
(c) a person is over the "general alcohol limit" if the concentration 21
of alcohol in the person's breath is, or is more than, 0.05 g of 22
alcohol in 210 L of breath. 23
`(2) For this Act, the concentration of alcohol in a person's breath may 24
be expressed as-- 25
(a) a specified number of grams of alcohol in 210 L of breath; or 26
(b) a specified number of grams in 210 L. 27
11 Section 8.3 (Unfitness for duty on medical grounds)
s5 10 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
1
Example for subsection (2)--
2
The concentration of alcohol in a person's breath may be expressed as
3
0.063 g of alcohol in 210 L of breath or as 0.063g/210L.
`5A.7 Alcohol limits 4
`(1) A relevant member must be under the low alcohol limit-- 5
(a) when reporting for duty for a rostered shift; or 6
(b) while on duty for a rostered shift; or 7
(c) while on call on a rotational basis for duty. 8
`(2) Also, a relevant member must be under the general alcohol limit 9
when not rostered for duty but permanently on call for duty in a place 10
where there is a police station at which no more than 1 or 2 officers are 11
permanently stationed. 12
`(3) However, if the person is a member of the special emergency 13
response team, the person must not be over the no alcohol limit when 14
reporting for duty, while on duty, or while on call on a rotational basis. 15
`5A.8 Circumstances for alcohol testing 16
`An authorised person may require a relevant member to submit to an 17
alcohol test if-- 18
(a) the person has been involved in a critical incident; or 19
(b) the test is authorised under section 5A.9; or 20
(c) an authorised person reasonably suspects the person is 21
contravening or has contravened section 5A.7; or 22
(d) for an officer who is an applicant to become a covert operative, 23
the person is required to undergo a medical examination for 24
deciding the person's suitability to be a covert operative. 25
`5A.9 Random alcohol testing 26
`(1) An authorised person may require a relevant member to submit to a 27
random alcohol test. 28
`(2) However, an authorised person other than the commissioner or 29
deputy commissioner may require the person to submit to the test-- 30
s5 11 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
(a) only with the written approval of the commissioner or deputy 1
commissioner; or 2
(b) only if the test is conducted in accordance with criteria 3
prescribed under a regulation for conducting random alcohol 4
tests without the approval of the commissioner or deputy 5
commissioner. 6
`(3) For subsection (2)(b), a regulation may prescribe the criteria for 7
deciding-- 8
(a) when and where a random alcohol test may be conducted; and 9
(b) when a random alcohol test may be conducted without the 10
approval of the commissioner or deputy commissioner. 11
`(4) The power to approve random alcohol testing under this section can 12
not be delegated. 13
`5A.10 Providing specimen of breath for alcohol test or random 14
alcohol test 15
`(1) If a relevant member is required to submit to an alcohol test or a 16
random alcohol test under this part, an authorised person may require the 17
relevant member to provide a specimen of breath for the test. 18
`(2) The authorised person may require the relevant member to provide 19
the specimen to the authorised person's satisfaction. 20
`(3) The relevant member must comply with a requirement under 21
subsection (2). 22
`(4) The authorised person must perform the test-- 23
(a) using an instrument approved by the commissioner for the 24
purpose; and 25
(b) in accordance with the manufacturer's instructions for use of the 26
instrument. 27
`5A.11 Failure to provide specimen of breath 28
`A relevant member who fails to provide a specimen of breath as 29
required is taken to have been tested for alcohol and to have been over the 30
limit for alcohol applying to the member when the failure happened. 31
s5 12 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`Division 3--Provisions about drug testing 1
`5A.12 Targeted substance levels 2
`(1) A relevant member must not have evidence of a dangerous drug 3
present in the person's urine at any time. 4
`(2) A relevant member, who is lawfully taking a targeted substance 5
mentioned in section 5A.4(c) or (d),12 must not perform duties in or 6
involving an operational capacity or critical area if the substance impairs 7
the member's capacity to perform the duties without danger to the member 8
or someone else. 9
`(3) A relevant member must not have present in the person's urine-- 10
(a) evidence of a targeted substance mentioned in section 5A.4(c) 11
that the person may not lawfully take; or 12
(b) evidence of having taken a targeted substance mentioned in 13
section 5A.4(c) or (d) in a way contrary to a direction of a doctor 14
or a recommendation of the manufacturer of the substance. 15
`5A.13 Circumstances for targeted substance testing 16
`An authorised person may require a relevant member to submit to a 17
targeted substance test if-- 18
(a) the relevant member-- 19
(i) has been involved in a critical incident; or 20
(ii) is a covert operative; or 21
(iii) is an officer who is an applicant to become a covert 22
operative and is required to undergo a medical examination 23
or test for deciding the person's suitability to be a covert 24
operative; or 25
(b) an authorised person reasonably suspects the relevant member is 26
contravening or has contravened section 5A.12.13
27
12 Section 5A.4 (Substances to which pt 5A applies)
13 Section 5A.12 (Targeted substance levels)
s5 13 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`5A.14 Providing specimen for targeted substance test 1
`(1) An authorised person may require a relevant member to provide a 2
specimen of urine to a doctor or registered nurse for a targeted substance 3
test at a place and time specified by the authorised person. 4
`(2) If the specimen is required because of section 5A.13(a)(i), the 5
requirement must be made, and the specimen provided, as soon as 6
reasonably practicable after the critical incident happened. 7
`(3) A doctor or registered nurse may give reasonably necessary 8
directions to the relevant member about how the specimen is to be provided 9
and providing a sufficient specimen for testing. 10
`(4) However, a direction given under subsection (3) must not be 11
inconsistent with any requirements about the collection of urine specimens 12
prescribed under a regulation for this section. 13
`(5) Subject to subsection (4), the relevant member must provide the 14
specimen in accordance with the directions of a doctor or a registered 15
nurse. 16
`(6) If the relevant member acts in accordance with the directions of the 17
doctor or registered nurse but has a reasonable excuse, because of a 18
medical condition, for being unable to provide a specimen of urine-- 19
(a) the person does not contravene subsection (5); and 20
(b) the failure to provide the specimen is not to be taken as a positive 21
test for this part. 22
`(7) As soon as practicable after a specimen of urine has been obtained 23
under this section, the specimen must be dealt with in the way prescribed 24
under a regulation for this section. 25
`(8) In this section-- 26
"registered nurse" means a registered nurse under the Nursing Act 1992. 27
`5A.15 Effect of failure to provide specimen of urine 28
`A relevant member who fails to provide a specimen of urine is taken, 29
unless section 5A.14(6) applies to the member, to have been tested for a 30
targeted substance and to have been found to have had evidence of a 31
targeted substance in the person's urine. 32
s5 14 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`Division 4--What happens if a test result is positive 1
`5A.16 If alcohol or targeted substance test positive 2
`(1) This section applies if a test conducted under this part shows a 3
relevant member, when tested-- 4
(a) was over the limit applying to the member when the test was 5
conducted; or 6
(b) had evidence of a targeted substance in the person's urine. 7
`(2) The commissioner may do any 1 or more of the following-- 8
(a) suspend the relevant member from duty until the member is no 9
longer over the relevant alcohol limit or no longer has evidence 10
of a targeted substance in the person's urine; 11
(b) correct the relevant member by way of guidance; 12
(c) require the relevant member to undergo counselling or 13
rehabilitation approved by the commissioner; 14
(d) require the relevant member to attend a government medical 15
officer for a medical examination of the member's fitness to 16
continue to perform the member's current duties; 17
(e) after considering a report of a government medical officer about 18
a medical examination under paragraph (d), direct the relevant 19
member to perform other duties for the time the commissioner 20
considers necessary; 21
(f) take disciplinary or other action against the relevant member 22
under whichever of the following is relevant-- 23
(i) this Act; 24
(ii) the Public Service Act 1996; 25
(g) require the relevant member to submit to further testing from 26
time to time until the commissioner is satisfied the reason for 27
making the requirement no longer exists. 28
29
Example of other action for paragraph (f)--
30
Action that may be taken under section 6.1.
s5 15 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`(3) Subsection (2)(a), (b), (c) and (f) do not apply to a targeted 1
substance mentioned in section 5A.12(2).14 2
`(4) A relevant member directed to perform other duties under 3
subsection (2)(e) is entitled to be paid salary and allowances at the rate at 4
which the member would have been paid had the member not been directed 5
to perform the other duties. 6
`(5) A government medical officer who prepares a report about a medical 7
examination of a relevant member may give the report to the commissioner. 8
`5A.17 Effect of failure to comply 9
`(1) This section applies if a relevant member-- 10
(a) fails to attend or complete counselling or rehabilitation under a 11
requirement under section 5A.16(2)(c); or 12
(b) fails to attend a government medical officer for medical 13
examination under a requirement under section 5A.16(2)(d). 14
`(2) The commissioner may take disciplinary action against the member 15
under whichever of the following is relevant-- 16
(a) this Act; 17
(b) the Public Service Act 1996. 18
`Division 5--General 19
`5A.18 Giving requirements 20
`A requirement under this part may be given orally or in writing or by 21
any form of electronic communication. 22
`5A.19 Interfering with specimens 23
`A person must not unlawfully interfere with a specimen of breath or 24
urine provided under this part. 25
Maximum penalty--100 penalty units. 26
14 Section 5A.12 (Targeted substance levels)
s5 16 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`5A.20 Test result evidence generally inadmissible 1
`(1) Evidence of-- 2
(a) anything done under this part; and 3
(b) the result of any test conducted under this part; 4
is inadmissible in a civil or criminal proceeding before a court. 5
`(2) Without limiting subsection (1), evidence of any of the following is 6
inadmissible in a civil or criminal proceeding before a court-- 7
(a) an approval given to conduct a random alcohol test; 8
(b) a requirement made under division 2, 3 or 4; 9
(c) a direction given by a person under division 3. 10
`(3) Also, the commissioner and anyone else involved in any way in 11
anything done under this part can not be compelled to produce to a court 12
any document kept or to disclose to a court any information obtained 13
because of the doing of the thing. 14
`(4) This section does not apply to-- 15
(a) a proceeding for a charge of an offence arising from a critical 16
incident; or 17
(b) an inquest in a Coroners Court into the death of a person in a 18
critical incident; or 19
(c) a proceeding on an application under theIndustrial Relations 20
Act 1999, section 74 for reinstatement because of unfair 21
dismissal.15 22
`(5) Also, this section does not prevent the commissioner giving a 23
witness anonymity certificate under the Evidence Act 1977, section 21D 24
that includes matter mentioned in section 21E(1)(d) of that Act in relation
16
25
to a person who has been found guilty of misconduct or a breach of 26
discipline because of the testing of the person under this part. 27
15 Industrial relations Act 1999, section 74 (Application for reinstatement)
16 Evidence Act 1977, section 21D (Witness anonymity certificate) and 21E (What
witness anonymity certificate must state)
s5 17 s5
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
`5A.21 Evidentiary provision 1
`(1) A certificate apparently signed by an analyst and stating the 2
following is evidence of what it states-- 3
(a) a specimen of urine provided by a stated person on a stated day 4
and at a stated place was received from a stated authorised person 5
at the analyst's laboratory on a stated day and time; 6
(b) the analyst made a laboratory test of the specimen on a stated day 7
and at the stated place; 8
(c) a stated targeted substance or a metabolite of a stated targeted 9
substance was indicated by the laboratory test to be present in the 10
person's urine. 11
`(2) A certificate apparently signed by a government medical officer and 12
stating that the presence of a stated targeted substance in a person impairs 13
or may impair the person's capacity to perform the person's duties without 14
danger to the person or others is evidence of what it states. 15
`(3) A certificate apparently signed by the commissioner and stating 16
either of the following is evidence of what it states-- 17
(a) at a stated time a stated officer performed duties in an operational 18
capacity in a critical area; 19
(b) at a stated time a stated staff member performed duties involving 20
a critical area. 21
`5A.22 Application of Freedom of Information Act 1992 22
`The Freedom of Information Act 1992 does not apply to a document 23
created under this part. 24
`5A.23 Limitation on disciplinary proceedings 25
`If 2 or more contraventions of this part by a particular relevant member 26
arise out of the same facts or circumstances, a disciplinary proceeding 27
against the relevant member may be started for 1 disciplinary offence 28
only.'. 29
s6 18 s7
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
PART 3--AMENDMENT OF JUDICIAL REVIEW 1
ACT 1991 2
6 Act amended in pt 3
Clause 3
This part amends the Judicial Review Act 1991. 4
7 Amendment of sch 1 (Operation of other laws)
Clause 5
Schedule 1, part 2-- 6
insert-- 7
`7. Police Service Administration Act 1990, part 5A'. 8
© State of Queensland 2003
AMENDMENTS TO BILL
1
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
POLICE SERVICE ADMINISTRATION
(ALCOHOL AND DRUG TESTING)
AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 5--
At page 10, after line 15--
insert--
` `(4) This section does not apply to a relevant member who is a police
officer to the extent it prevents the member consuming alcohol while
performing duties under an exemption under section 5A.9(3A).'.
2 Clause 5--
At page 11, after line 11--
insert--
` `(3A) Also, the commissioner or deputy commissioner may, in writing,
exempt a relevant member or class of relevant member from random
alcohol testing, either generally or in particular circumstances.
Examples--
1. The relevant member may be a covert operative.
2. The relevant member may be required to consume alcohol at a hotel when keeping
a person suspected of engaging in criminal activities under surveillance.'.
2
Police Service Administration (Alcohol and Drug
Testing) Amendment Bill 2003
3 Clause 5--
At page 12, after line 27--
insert--
` `(2) Also, an authorised person may require a person who has been
notified of the person's appointment as a recruit to submit to a targeted
substance test before the person starts the training necessary to become an
officer.'.
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