Queensland Numbered Acts Queensland Numbered ActsChapter 6 —
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306A Definitions for part In this part—
"alcohol test" means a test for determining whether a corrective services person is over the limit applying to the person when the test is conducted.
"corrective services officer recruit" means a person who is participating in a training program.
"corrective services person" see section 306B.
"low alcohol limit" see section 306C(b).
"no alcohol limit" see section 306C(a).
"random alcohol test" means an alcohol test conducted under section 306F.
"random substance test" means a substance test conducted under section 306K.
"sample" means—(a) for an alcohol test—a sample of breath or blood; or(b) for a substance test—a sample of urine or another bodily substance, including, for example, hair or saliva.
"substance test" means a test for determining the presence and concentration of a dangerous drug or targeted substance in a sample taken from a corrective services person.
"targeted substance" means—(a) a substance, other than a dangerous drug, that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person’s physical or mental capacity; or(b) another substance, other than a dangerous drug, that may impair a person’s physical or mental capacity.
"training program" means a training program about corrective services, the successful completion of which is a requirement for appointment as a corrective services officer.
306B Persons to whom part applies This part applies to a person (a
"corrective services person" ) who is—(a) a corrective services officer; or(b) a corrective services officer recruit.
306C When is a person over the limit For this part—(a) a person is over the
"no alcohol limit" if—(i) the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; or(ii) the concentration of alcohol in the person’s blood is more than 0g of alcohol in 100mL of blood; and(b) a person is over the
"low alcohol limit" if—(i) the concentration of alcohol in the person’s breath is, or is more than, 0.2g of alcohol in 210L of breath; or(ii) the concentration of alcohol in the person’s blood is, or is more than, 0.2g of alcohol in 100mL of blood.
306D Alcohol limits(1) A corrective services person who is on duty for performing a function or exercising a power under this Act or another Act must not be over the low alcohol limit.(2) A corrective services person who is on duty for performing a function or exercising a power under this Act or another Act, and is performing a role prescribed by regulation for this section, must not be over the no alcohol limit.(3) For subsections (1) and (2), a corrective services person is on duty for performing a function or exercising a power under this Act or another Act if the person—(a) is about to perform the function or exercise the power; or(b) is performing the function or exercising the power; or(c) has just performed the function or exercised the power.
306E Circumstances for alcohol testing(1) The chief executive may require a corrective services person to submit to an alcohol test if—(a) the corrective services person has been involved in an incident; or(b) the test is required under section 306F; or(c) the chief executive reasonably suspects the person is contravening, or has contravened, section 306D(1) or (2).(2) The chief executive may require a corrective services officer recruit to submit to an alcohol test at any time during the period in which the recruit is participating in a training program.(3) The chief executive may require a person who has been notified of the person’s appointment as a corrective services officer recruit to submit to an alcohol test before the person starts a training program.
306F Random alcohol testing(1) The chief executive may require a corrective services person to submit to a random alcohol test.(2) A regulation may prescribe the criteria for deciding—(a) when and where a random alcohol test may be conducted; and(b) other matters about the conduct of a random alcohol test.
306G Giving samples for alcohol testing(1) A regulation may prescribe the following for an alcohol test—(a) the types of samples a person may be required to give;(b) the methods of collection of a sample.(2) The chief executive may require a corrective services person to give to a person prescribed by regulation for this section (a
"prescribed person" ) at a specified place and time a sample for the purpose of an alcohol test.(3) If the sample is required because the corrective services person has been involved in an incident, the requirement must be made and the sample must be given as soon as reasonably practicable after the incident happens.(4) The prescribed person may give reasonably necessary directions to the corrective services person to facilitate the giving of the sample for the alcohol test.(5) As soon as practicable after the sample has been given, the sample must be dealt with in the way prescribed by regulation for this section.
306H Failure to give sample for alcohol testingA corrective services person who fails to give a sample as required for alcohol testing is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the person when the failure happened.
306I Dangerous drugs and targeted substances levels(1) A corrective services person must not have evidence of a dangerous drug present in a sample taken from the person at any time for substance testing.(2) A corrective services person who is lawfully taking a targeted substance must not perform duties in or involving an operational capacity or critical role if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else.(3) A corrective services person must not have present in a sample taken from the person for substance testing—(a) evidence of a targeted substance that the person may not lawfully take; or(b) evidence of having taken a targeted substance in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.
306J Circumstances for substance testing(1) The chief executive may require a corrective services person to submit to a substance test if—(a) the corrective services person has been involved in an incident; or(b) the test is required under section 306K; or(c) the chief executive reasonably suspects the person is contravening, or has contravened, section 306I.(2) The chief executive may require a corrective services officer recruit to submit to a substance test at any time during the period in which the recruit is participating in a training program.(3) The chief executive may require a person who has been notified of the person’s appointment as a corrective services officer recruit to submit to a substance test before the person starts a training program.
306K Random substance testing(1) The chief executive may require a corrective services person to submit to a random substance test.(2) A regulation may prescribe the criteria for deciding—(a) when and where a random substance test may be conducted; and(b) other matters about the conduct of a random substance test.
306L Giving sample for substance testing(1) A regulation may prescribe the following for a substance test —(a) the types of samples a person may be required to give;(b) the methods of collection of a sample.(2) The chief executive may require a corrective services person to give to a person prescribed by regulation (a
"prescribed person" ) at a specified place and time a sample for the purpose of a substance test.(3) If the sample is required because the corrective services person has been involved in an incident, the requirement must be made and the sample must be given as soon as reasonably practicable after the incident happens.(4) The prescribed person may give reasonably necessary directions to the corrective services person to facilitate the giving of the sample for the substance test.(5) As soon as practicable after the sample has been given, the sample must be dealt with in the way prescribed by regulation for this section.
306M Failure to give sample for substance testingA corrective services person who fails to give a sample as required for substance testing is taken to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s sample.
306N Positive alcohol or substance test(1) This section applies if an alcohol test or substance test conducted under this part shows a corrective services person, when tested—(a) was over the limit applying to the person when the test was conducted; or(b) had evidence of a dangerous drug in the person’s sample; or(c) had evidence of a targeted substance in the person’s sample and the person was contravening section 306I(2) or (3).(2) The chief executive may do any 1 or more of the following—(a) suspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person;(b) correct the corrective services person by way of guidance;(c) require the corrective services person to undergo counselling or rehabilitation approved by the chief executive;(d) require the corrective services person to submit to a medical examination under the Public Service Act 2008 , chapter 5, part 7;(e) take disciplinary or other action against the corrective services person under the Public Service Act 2008 , chapter 5 or 6;(f) require the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists.(3) Subsection (2)(a), (b), (c) and (e) does not apply to the corrective services person if the person was contravening section 306I(2).
306O Effect of failure to comply(1) This section applies if a corrective services person—(a) fails to attend or complete counselling or rehabilitation under a requirement under section 306N(2)(c); or(b) fails to submit to a medical examination under a requirement under section 306N(2)(d).(2) The chief executive may take disciplinary action against the corrective services person under the Public Service Act 2008 .
306P Interfering with samples A person must not unlawfully interfere with a sample given under this part for an alcohol test or substance test.Penalty—Maximum penalty—100 penalty units.
306Q Alcohol or drug test results generally inadmissible(1) Evidence of the following is inadmissible in a civil or criminal proceeding before a court—(a) anything done under this part;(b) the result of any test conducted under this part.(2) Also, the chief executive and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.(3) This section does not apply to—(a) a proceeding for a charge of an offence arising from an incident; or(b) an inquest in a Coroners Court into the death of a person in an incident; or(c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal; or(d) an investigation or other proceeding under the Crime and Corruption Act 2001 ; or(e) disciplinary action as provided for under the Public Sector Ethics Act 1994 .