Victorian Consolidated Legislation

Corrections Act 1986 - SECT 29A

Prisoners may be tested for drug or alcohol use

29A. Prisoners may be tested for drug or alcohol use









(1) If the Governor considers it necessary to do so in the interests of the
management, good order or security of the prison, he or she may at any time
direct a prisoner to submit to tests to assess whether the prisoner has used
or consumed-

   (a)  any alcohol; or

   (b)  any drug of dependence within the meaning of the
        Drugs, Poisons and Controlled Substances Act 1981; or

   (c)  any Schedule 8 poison or Schedule 9 poison within the meaning of the
        Drugs, Poisons and Controlled Substances Act 1981.

(2) Tests under subsection (1)-

   (a)  must be of a kind approved by the Secretary; and



   (b)  may include the taking of samples of urine; and

   (c)  must be carried out by an officer within the meaning of Part 5.

(3) The following are deemed to be, and to have always been, valid-

   (a)  any direction given, or purportedly given, under this Act before the
        date of commencement of section 4 of the Corrections (Amendment) Act
        2003 requiring a prisoner to submit to any test to assess whether the
        prisoner was using alcohol; and

   (b)  any test conducted on a urine sample, taken under this section before
        the date of commencement of section 4 of the Corrections (Amendment)
        Act 2003, to assess whether the prisoner who provided the sample was
        using alcohol.