South Australian Consolidated Acts South Australian Consolidated Acts37AA—Drug testing of prisoners
(1) The manager of a
correctional institution may require a prisoner to undergo a drug test in any
of the following circumstances:
(a) on
the initial admission of the prisoner to the institution;
(b) on
the prisoner returning to the institution after being absent;
(c) if
the manager reasonably suspects that the prisoner has unlawfully used a drug;
(d) if,
for the purpose of ascertaining the incidence of unlawful drug use in the
correctional institution, the manager—
(i)
proposes that all prisoners within the institution, or a
part of the institution, undergo a drug test; or
(ii)
causes the random selection of prisoners from the whole,
or a part, of the institution to undergo a drug test and the prisoner falls
within the selection;
(e) in
any other circumstance that the Chief Executive Officer thinks fit.
(2) For the purposes
of this Act, a prisoner "uses a drug" if the prisoner—
(a)
consumes or smokes, or administers to himself or herself, the drug; or
(b)
permits another person to administer the drug to him or her.
(3) In proceedings for
an offence against this Act or any other Act—
(a) if
the proceedings relate to the unlawful use of alcohol—a certificate
apparently signed by an authorised officer and certifying—
(i)
that the prisoner named in the certificate submitted to
an alcotest on a day and at a time stated in the certificate; and
(ii)
that the alcotest was carried out in conformity with the
requirements of this Act using apparatus of a kind approved by the Governor
under the Road Traffic Act 1961 for the purposes of carrying out
alcotests; and
(iii)
that the alcotest produced a reading of a specified level
of alcohol in the prisoner's blood,
is, in the absence of proof to the contrary, proof of the matters so
certified;
(b) if
the proceedings relate to the unlawful use of any other drug—
(i)
a certificate apparently signed by an authorised officer
and certifying—
(A) that the prisoner named in the
certificate submitted to a specified prescribed procedure on a day and at a
time stated in the certificate; and
(B) that the procedure was carried out in
conformity with the requirements of this Act; and
(C) that the biological sample obtained as
a result of the procedure was assigned a specified identifying number; and
(ii)
a certificate apparently signed by an analyst and
certifying that the drug specified in the certificate was found to be present
in the biological sample assigned that number,
is, in the absence of proof to the contrary, proof of the matters so
certified.
(4) In this
section—
"authorised officer" means an officer or employee of the Department authorised
by the Chief Executive Officer for the purposes of this section.