Western Australian Current Regulations

PRISONS (PRISON OFFICERS DRUG AND ALCOHOL TESTING) REGULATIONS 2016

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used  
   4.      Application of these regulations  
   5.       Publication of approved persons  
   6.      Approved persons  
   7.      Approved sample collectors  
   8.      Approved analysts  
   9.      When testing may be carried out: random  
   10.     When testing may be carried out: targeted  
   11.     When testing may be carried out: mandated  
   12.     Chief executive officer may declare drugs or substances to be targeted drugs  
   13.     Chief executive officer may declare substances to be masking agents  
   14.     Chief executive officer may approve collection procedures for alcohol and drug testing

   PART 2 -- Testing for alcohol  

   15.     Requirement to submit sample of breath for preliminary analysis  
   16.     Requirement to confirm identity  
   17.     Requirement to submit further sample of breath  
   18.     Breath analysis form to be completed  
   19.     Requirement to submit sample of urine or blood under certain circumstances  
   20.     Incapacity to provide sample

   PART 3 -- Testing for drugs  

   21.     Requirement to submit sample for drug testing  
   22.     Requirement to confirm identity  
   23.     Incapacity to provide sample  
   24.     Opportunity to explain a presumptive positive test result for drugs  
   25.     Requirement to submit further sample for drug testing  
   26.     Drug analyst to report result to chief executive officer

   PART 4 -- Recall to, and remaining on, duty

           Division 1 -- Critical incident  

   27.     Remain on duty: alcohol and drug testing  
   28.     Recall to duty: drug testing  
   29.     Recall to duty: alcohol testing

           Division 2 -- Other testing  

   30.     Remain on duty: alcohol and drug testing  
   31.     Recall to duty: drug testing

   PART 5 -- Self reporting  

   32.     Involuntary or accidental alcohol consumption  
   33.     Involuntary or accidental drug ingestion

   PART 6 -- Adverse test results  

   34.     Adverse testing outcome: alcohol  
   35.     Adverse testing outcome: drugs  
   36.     Independent testing  
   37.     Consequences of an adverse testing outcome: alcohol  
   38.     Consequences of an adverse testing outcome: drugs

   PART 7 -- Other offences  

   39.     Refusal  
   40.     Avoidance  
   41.     Tampering  
   42.     Sanction for offences
           SCHEDULE 1 -- Forms
           Compilation table