Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 82

Blood samples to be taken in certain cases

82. Blood samples to be taken in certain cases



(1) In this section-

doctor means a registered medical practitioner and includes a police surgeon.

(2) If a rail safety worker enters or is brought to a place for examination or
treatment in consequence of an accident (whether within Victoria or not), the
rail safety worker must allow a doctor to take from the rail safety worker at
that place a sample of his or her blood for analysis.

Penalty: For a first offence, 12 penalty units; For a subsequent offence, 25
penalty units or imprisonment for 3 months.

(3) Subsection (2) does not apply if-

   (a)  in the opinion of the doctor first responsible for the examination or
        treatment of the rail safety worker the taking of a blood sample from
        the rail safety worker would be prejudicial to his or her proper care
        and treatment; or

   (b)  a transport safety officer or a member of the police force has
        notified the doctor first responsible for the examination or treatment
        of the rail safety worker, in writing, that the rail safety worker has
        undergone a preliminary breath test which did not indicate that the
        prescribed concentration of alcohol was exceeded; or

   (c)  the doctor first responsible for the examination or treatment of the
        rail safety worker believed on reasonable grounds that the rail safety
        worker was not a rail safety worker; or

   (d)  a member of the police force or a doctor has notified the doctor first
        responsible for the examination or treatment of the rail safety
        worker, in writing, that a sample of the rail safety worker's blood
        was taken by a doctor before the person entered or was brought to the
        place for examination or treatment.

(4) A rail safety worker to whom subsection (2) applies and who is unconscious
or otherwise unable to communicate must be taken to allow the taking of a
sample of his or her blood by a doctor at a place which he or she enters or to
which he or she is brought for examination or treatment.





(5) If a sample of a rail safety worker's blood is taken in accordance with
this section, evidence of the taking of it, the analysis of it or the results
of the analysis must not be used in evidence in any legal proceeding except-

   (a)  for the purposes of section 83; or

   (b)  for a proceeding for an offence against section 48(2); or

   (c)  for the purposes of the Transport Accident Act 1986-

but may be given-

   (d)  to the Transport Accident Commission and, for the purposes of a review
        under the Transport Accident Act 1986, to the Tribunal; and

   (e)  to the Department for the purposes of accident research.

(6) A person must not hinder or obstruct a doctor attempting to take a sample
of the blood of any other person in accordance with this section.

Penalty: 12 penalty units.

(7) No action lies against a doctor in respect of anything properly and
necessarily done by the doctor in the course of taking any sample of blood
which the doctor believes on reasonable grounds was required or allowed to be
taken from a rail safety worker under this section.









Division 3-Evidentiary provisions