Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 86C

Procedure for assessments of drug impairment

    (1)     An assessment of drug impairment must be carried out by—

        (a)     a transport safety officer authorised to do so by the Safety Director after consultation with Chief Commissioner of Police; or

        (b)     a police officer authorised to do so by the Chief Commissioner of Police.

    (2)     An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice under subsection (3).

    (3)     The Safety Director may, by notice published in the Government Gazette, specify the procedure to be followed in assessing drug impairment.

    (4)     The carrying out of an assessment of drug impairment on a rail safety worker must be video‑recorded if the rail safety worker was involved in a notifiable occurrence or prescribed notifiable occurrence unless the prosecution satisfies the court that a video-recording has not been made because of exceptional circumstances.

    (5)     If the rail safety worker on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 77(1)(b), and the carrying out of the assessment of drug impairment is video-recorded, a copy of the video-recording must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.

    (6)     Subject to subsection (7), the video-recording of the carrying out of an assessment of drug impairment on a rail safety worker is only admissible in a proceeding against that rail safety worker for an offence against this Act for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under subsection (3).

    (7)     Evidence obtained as a result of an assessment of drug impairment carried out on a rail safety worker is inadmissible as part of the prosecution case in proceedings against that rail safety worker for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 86G.

    (8)     In any proceeding under this Act—

        (a)     the statement of a transport safety officer that on a particular date he or she was authorised by the Safety Director under subsection (1)(a) to carry out an assessment of drug impairment; or

        (b)     the statement of a police officer that on a particular date he or she was authorised by the Chief Commissioner of Police under subsection (1)(b) to carry out an assessment of drug impairment; or

        (c)     a certificate purporting to be signed by the Safety Director that a transport safety officer named in it is authorised by the Safety Director under subsection (1) to carry out an assessment of drug impairment; or

        (d)     a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised by the Chief Commissioner of Police under subsection (1) to carry out an assessment of drug impairment

is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that transport safety officer or police officer (as the case requires).

S. 86CA inserted by No. 68/2017 s. 99.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback