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TRANSPORT (COMPULSORY BAC TESTING)
AMENDMENT BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
OBJECTIVES OF THE LEGISLATION
The objective of this Bill is to amend the provisions relating to laboratory tests, to
insert a new provision relating to the taking of blood samples from certain road
accident victims and to amend protection from liability under the Transport
Operations (Road Use Management) Act 1995.
REASONS FOR THE BILL
The Travelsafe Committee of the Queensland Parliament conducted a comprehensive
inquiry into whether Blood Alcohol Content (BAC) testing of people who attend a
hospital for examination or treatment as a result of a motor vehicle accident should be
compulsory. (Report No 22 December 1997).
This report concluded that there was a high level of non-testing of drink drivers who
present at hospital and estimated that in 1990 approximately 1000 to 1500
hospitalised and outpatient drivers who had a BAC over .05% escaped detection. Of
particular concern were patients who are not tested under current provisions because
they are unable to give consent to a blood test because they are unconscious or feign
unconsciousness.
The Joint Party Travelsafe Committee supported the introduction of Compulsory
BAC testing.
At present unconscious patients can be blood tested in New South Wales, Victoria,
South Australia, the Northern Territory and the ACT.
This Bill is modelled on the on the New South Wales Road Transport (Safety and
Traffic Management) Act 1999.
The scheme provided by this Act is secondary to the existing provisions for a police
officer to require a specimen from a person where he has reasonable grounds for
suspicion. It need only apply where for some reason a police officer has not required a
specimen or where the person by virtue of their consciousness is unable to give
consent to the giving of a specimen.
NOTES ON PROVISIONS
Clause 1 The short title of this bill is the Transport (Compulsory BAC Testing)
Amendment Bill 2002.
Clause 2 Provides for the Act to commence upon proclamation.
Clause 3 States that this act amends the Transport Operations (Road Use
Management) Act 1995.
Clause 4 Amends section 80 to provide additional grounds for a police officer to
require a specimen of breath.
Clause 5 Provides new sections 80A to 80K for the taking of blood samples from
accident patients.
Section 80A requires the taking of blood samples in hospitals from road
accident patients.
Section 80B provides offences for obstruction of a health professional taking a
blood sample.
Section 80C specifies how blood samples are to be dealt with.
Section 80D permits a doctor's function under section 80A to be undertaken
by another under a doctor's supervision.
Section 80E requires a blood alcohol content to be determined by laboratory
test.
Section 80F provides for the certification of a nurse to undertake sampling
under section 80A.
Section 80G requires evidentiary provision for test results.
Section 80H deals with evidence by an analyst.
Section 80I provides that the Minister may enter into an arrangement for the
exchange of information with other States or territories.
Section 80J deals with recognition of interstate certificates.
Clause 6 Amends section 167 to include a protection from liability for doctors and
nurses taking a blood sample.