New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 263

263 Breath testing and breath analysis of members of correctional staff

(1) As soon as practicable after a member of correctional staff has undergone a breath test under Division 5 of Part 11 of the Act, the authorised person who conducted the breath test must deliver to the staff member a statement in writing signed by the authorised person specifying--

(a) the concentration of alcohol determined by the breath test to be present in the staff member's breath and expressed in grams of alcohol per 210 litres of breath (or its equivalent in grams of alcohol per 100 millilitres of blood), and

(b) the day on which and time of the day at which the breath test was completed.

(2) An authorised person may require a member of correctional staff to submit to a breath analysis in accordance with the directions of the authorised person, if--

(a) it appears to the authorised person as a result of a breath test under Division 5 of Part 11 of the Act that the prescribed concentration of alcohol may be present in the staff member's breath, or

(b) the staff member refuses or fails to undergo a breath test under Division 5 of Part 11 of the Act in accordance with the directions of the authorised person when requested to do so by the authorised person.

(3) As soon as practicable after a member of correctional staff has submitted to a breath analysis the authorised person operating the breath analysing instrument must deliver to the staff member a statement in writing signed by the authorised person specifying--

(a) the concentration of alcohol determined by the analysis to be present in the staff member's breath and expressed in grams of alcohol per 210 litres of breath (or its equivalent in grams of alcohol per 100 millilitres of blood), and

(b) the day on which and time of the day at which the breath analysis was completed.

(4) A member of correctional staff who is required to undergo a breath test or submit to a breath analysis may request the authorised person making the requisition to arrange for the taking (in the presence of an authorised person) of a sample of the staff member's blood for analysis, at the staff member's own expense, by--

(a) a medical practitioner nominated by the staff member, or

(b) a medical practitioner nominated by the authorised person at the staff member's request, or

(c) a pathology specimen collector at a collection centre nominated by the staff member, or

(d) a pathology specimen collector at a collection centre nominated by the authorised person at the staff member's request.

(5) The making of a request under subclause (4) or the taking of a sample of a member of correctional staff's blood does not absolve the staff member from the obligation imposed on the staff member to undergo a breath test or submit to a breath analysis in accordance with this clause.

(6) In this clause,
"collection centre" means a pathology collection centre that is operated by, or in connection with, a pathology laboratory that is accredited by the National Association of Testing Authorities.