New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 265

265 Action to be taken with respect to blood samples

(1) A medical practitioner or registered nurse who takes a sample of a member of correctional staff's blood under Division 5 of Part 11 of the Act must--

(a) if the staff member requests a part of the sample or if the staff member is not capable of requesting a part of the sample, divide the sample into 2 approximately equal portions, and

(b) place the sample or each portion of the sample into a separate container, and

(c) fasten and seal each container, and

(d) mark or label each container for future identification.

(2) Of the sealed containers--

(a) one container must, as soon as reasonably practicable after subclause (1) is complied with, be transported to an accredited analytical laboratory for analysis by an analyst in accordance with subclause (4), and must be stored at that laboratory on behalf of the Commissioner, and

(b) the other container must--

(i) if the staff member has requested a part of the sample, be given to the staff member, or

(ii) if the staff member is not capable of requesting a part of the sample as referred to in subclause (1), as soon as reasonably practicable after that subclause is complied with, be transported to the accredited analytical laboratory to which the container referred to in paragraph (a) was sent and must be stored at that laboratory on behalf of the Commissioner.

(3) If a staff member was not capable of requesting a part of the sample as referred to in subclause (1), the staff member may, within 12 months after the taking of the sample, apply to the laboratory referred to in subclause (2) for the container referred to in subclause (2)(b)(ii) to be sent, for analysis (at the staff member's own expense) of the portion of the sample in that container, to a medical practitioner or laboratory nominated by the staff member.

(4) The authorised person may arrange for the analyst to--

(a) determine whether the sample contains alcohol, and if so, the concentration of alcohol, or

(b) determine whether the sample contains a prohibited drug, or

(c) determine whether the sample contains alcohol, and if so, the concentration of alcohol and determine whether the sample also contains a prohibited drug.