South Australian Consolidated Regulations South Australian Consolidated Regulations11—Procedures for voluntary blood test
The following are the prescribed procedures in accordance with which a sample
of a person's blood must be taken and dealt with for the purposes of section
47K(1a) of the Act (Evidence etc):
(a) the
person must cause the sample to be taken by a medical practitioner of the
person's choice and must deliver the blood test kit supplied to the person
under section 47K(2a)(b) of the Act (Evidence etc) to the medical practitioner
for use for that purpose;
(b) the
medical practitioner by whom the sample of the person's blood is taken must
place the sample, in approximately equal proportions, in 2 containers (being
the containers provided as part of the blood test kit);
(c) each
container must contain a sufficient quantity of blood to enable an accurate
evaluation to be made of any concentration of alcohol present in the blood and
the sample of blood taken by the medical practitioner must be such as to
furnish 2 such quantities of blood;
(d) the
medical practitioner must seal each container by application of the adhesive
seal (bearing an identifying number) provided as part of the blood test kit;
(e) it
is the duty of the medical practitioner to take such measures as are
reasonably practicable in the circumstances to ensure that the blood is not
adulterated and does not deteriorate so as to prevent a proper assessment of
the concentration of alcohol present in the blood of the person from whom the
sample was taken;
(f) the
medical practitioner must then complete a certificate in the form set out in
Schedule 3 (being a form provided as part of the blood test kit) by inserting
the particulars required by the form;
(g) the
certificate must be signed by the medical practitioner certifying as to the
matters set out in the form;
(h) the
certificate must also bear the signature of the person from whom the blood
sample was taken, attested to by the signature of the medical practitioner;
(i)
the original of the signed certificate must then be
delivered to the person from whom the blood sample was taken together with 1
of the sealed containers containing part of the blood sample;
(j) a
copy of the signed certificate must be delivered by the medical practitioner
together with the other sealed container containing part of the blood sample
to a police officer who must, in turn, deliver that copy of the certificate
and the blood sample container to State Forensic Science;
(k) the
blood sample container and copy of the certificate referred to in
paragraph (j) must not be delivered into the possession of the person
from whom the sample was taken;
(l) on
receipt of the blood sample container and certificate at State Forensic
Science, the blood in the container must be analysed as soon as reasonably
practicable by or under the supervision of an analyst to determine the
concentration of alcohol present in the blood expressed in grams in
100 millilitres of blood;
(m) the
analyst must then complete and sign a certificate certifying as to the
following matters:
(i)
the date of receipt at State Forensic Science of the
blood sample container and the certificate accompanying the blood sample
container;
(ii)
the identifying number appearing on the adhesive seal
used to seal the blood sample container;
(iii)
the name and professional qualifications of the analyst;
(iv)
the concentration of alcohol found to be present in the
blood expressed in grams in 100 millilitres of blood;
(v)
any factors relating to the blood sample or the analysis
that might, in the opinion of the analyst, adversely affect the accuracy or
validity of the analysis;
(vi)
any other information relating to the blood sample or
analysis or both that the analyst thinks fit to include;
(n) the
analyst's certificate must be sent by post to the person from whom the blood
sample was taken at the address shown as the person's address on the
certificate accompanying the blood sample container;
(o) a
copy of the analyst's certificate must be sent to or retained on behalf of the
Minister;
(p) a
copy of the analyst's certificate must also be sent to the Commissioner of
Police;
(q) the
person from whom the blood sample was taken may cause the sample of blood as
contained in the blood sample container delivered to that person to be
analysed to determine the concentration of alcohol present in the blood.