New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 264

264 Restrictions on requiring breath test, breath analysis or non-invasive sample

An authorised person must not require a member of correctional staff to undergo a test under Division 5 of Part 11 of the Act--

(a) if the staff member has been admitted to a hospital for medical treatment, unless the medical practitioner who attends the staff member at the hospital (or, if no medical practitioner is present to attend the staff member, a registered nurse who is accredited by a hospital as competent to perform the sampling procedures) has been notified of the intention to make the requisition and the medical practitioner or registered nurse does not object on the ground that compliance would be prejudicial to the proper care or treatment of the staff member, or

(b) if it appears to the authorised person that it would (because of injuries sustained by the staff member) be dangerous to the staff member's medical condition if the staff member complied with the requisition, or

(c) in the case of a requirement for a test for the purpose of testing for the presence or concentration of alcohol, at any time after the expiration of 3 hours from the latest of the time the staff member last presented for duty, the staff member was last involved in an incident referred to in section 236F(3) of the Act (if any such incident occurred) or the staff member last ceased to be on duty, or

(d) in the case of a requirement for a test for the purpose of testing for the presence of a prohibited drug, at any time after the expiration of 24 hours from the latest of the time the staff member last presented for duty, the staff member was last involved in an incident referred to in section 236F(3) of the Act (if any such incident occurred) or the staff member last ceased to be on duty, or

(e) at the staff member's home.