Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 237

Alcohol and drug testing of young detainees

    (1)     The director-general may direct a young detainee to provide a stated kind of test sample.

    (2)     The director-general, a non-treating doctor or a non-treating nurse may give a young detainee a direction about the way the young detainee must provide the test sample.

    (3)     However—

        (a)     a direction under this section must be consistent with any requirement of an operating procedure made for this section; and

        (b)     only a non-treating doctor or a non-treating nurse may take a blood sample.

    (4)     A non-treating doctor or non-treating nurse who takes a test sample from a young detainee must give the sample to a youth detention officer.

    (5)     The director-general must, as soon as practicable after the director-general receives the results of any test conducted on the test sample, give notice of the results to—

        (a)     the young detainee; and

        (b)     if the young detainee is under 18 years old—a person who has daily care responsibility or long-term care responsibility for the young detainee; and

        (c)     if the young detainee is 18 years old or older—a person nominated by the young detainee.



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