CORRECTIONS ACT 1986 - SECT 99A Offenders may be tested to assess whether under the influence of alcohol or any drug

CORRECTIONS ACT 1986 - SECT 99A

    (1)     Subject to subsection (2), if the Secretary considers it necessary to do so for the management, good order or security of a location or for the safety and welfare of offenders at a location or in order for an offender to perform unpaid community work at a location, the Secretary may at any time direct an offender to submit to tests to assess whether the offender is under the influence of—

        (a)     alcohol; or

S. 99A(1)(b) amended by No. 59/2015 s. 23(3).

        (b)     any drug of dependence; or

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

    (2)     The Secretary may give a direction under subsection (1) only if the Secretary believes on reasonable grounds that the offender is under the influence of alcohol, a drug of dependence, a Schedule 8 poison or a Schedule 9 poison.

    (3)     Tests under subsection (1)—

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

S. 99A(3)(b) amended by No. 64/2017 s. 20(1)(a).

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

S. 99A(3)(c) inserted by No. 64/2017 s. 20(1)(b).

        (c)     if the Secretary so directs, may be conducted or supervised by an officer within the meaning of Part 9.

S. 99A(3A) inserted by No. 64/2017 s. 20(2).

    (3A)     The Secretary may give a direction referred to in subsection (3)(c) if the Secretary reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test.

S. 99A(3B) inserted by No. 64/2017 s. 20(2).

    (3B)     If a test includes the taking of a sample of urine from an offender and is to be conducted or supervised by an officer in accordance with a direction referred to in subsection (3)(c), the officer must—

        (a)     if the offender identifies as being of a particular gender, be of that gender; or

        (b)     if the offender requests that the officer be of a different gender, be of that different gender.

S. 99A(3C) inserted by No. 64/2017 s. 20(2).

    (3C)     Subsection (3B) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection.

    (4)     For the purposes of this section, "location" means—

        (a)     a community corrections centre; or

        (b)     a place which an offender is, by a correctional order or Part 9, required to attend for educational recreation or for any other purpose.