South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 37

37—Random drug and alcohol testing

        (1)         This section applies to—

            (a)         a person who has, in the preceding 5 years, been directed by the Chief Executive to undergo an approved drug and alcohol assessment under section 36(1); or

            (b)         a person who was, in the preceding 5 years, the subject of an application for an order under section 20(2) of the Children's Protection Act 1993 (whether or not the application was granted); or

            (c)         any other person of a class declared by the regulations to be included in the ambit of this subsection.

        (2)         A person to whom this section applies must, in accordance with the scheme set out in the regulations, take part in random drug and alcohol testing.

        (3)         Without limiting any other regulations that may be made in relation to the scheme for random drug and alcohol testing, the regulations must include provisions—

            (a)         authorising the taking of forensic material consisting of hair or blood for the purposes of this Act; and

            (b)         requiring such forensic material to be tested to identify any drug or alcohol that may be present in the material; and

            (c)         requiring or authorising the results of such testing to be provided to the Chief Executive or other specified person or body.

        (4)         The Chief Executive may, in relation to random drug and alcohol testing under this section, by notice in writing, require a person to whom this section applies to take the action, and within the period, specified in the notice.

        (5)         A person to whom this section applies must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.

Maximum penalty: Imprisonment for 6 months.

        (6)         A person is not entitled to refuse or fail to comply with a requirement under this section on the ground that the person would, or might, by complying with that requirement, provide evidence that could be used against the person.

        (7)         To avoid doubt, for the purposes of the Criminal Law (Forensic Procedures) Act 2007 , the taking of forensic material in the course of a random drug and alcohol test is authorised under this Act.