South Australian Current Regulations

SECURITY AND INVESTIGATION INDUSTRY REGULATIONS 2011 - SCHEDULE 3

Schedule 3—Prescribed oral advice and written notice

Part A—Oral advice for the purposes of section 23M(5)(a) of Security and Investigation Industry Act 1995

The breathalyser reading just taken shows that you had a prohibited level of alcohol in your blood.

Therefore, it appears that your security agents licence may be cancelled by the Commissioner for Consumer Affairs under the Security and Investigation Industry Act 1995 .

It will be presumed by the Commissioner that the breathalyser accurately indicated your blood alcohol level at the time of the reading and for the preceding 2 hours. However, the Security and Investigation Industry Act 1995 allows for contrary evidence based on the results of a blood test.

If you want to have such a blood test you will have to make your own arrangements and follow certain procedures, using a special blood test kit. This blood test kit will be supplied to you on your signing a written request. You will also be supplied with an information sheet that sets out the relevant procedures. You must give the information sheet to the medical practitioner or registered nurse who takes your blood sample.

If you obtain a blood test kit and want to have your blood tested, you should take the kit promptly to a hospital or medical practitioner in order to have a sample of your blood taken.

Alternatively, you may have the sample taken by a registered nurse.

The blood sample must be taken by the medical practitioner or registered nurse within 4 hours of the breath analysis that indicated the presence of alcohol in your blood.

You must not consume any more alcohol before having a sample of your blood taken and must not open the blood test kit before delivering it to a medical practitioner or registered nurse.

Under the blood test procedure, the sample of blood is divided and sealed in 2 containers. You will have to sign a form that will be given to you by the medical practitioner or registered nurse.

One of the sealed containers will be given to you and you may make your own arrangements to have the blood in that container analysed.

In any event, the blood in the other container will be analysed by Forensic Science SA and you will be given written notice of the results of the analysis.

Further information as to these matters is contained in the written notice which will be delivered to you shortly.

Part B—Written notice for the purposes of section 23M(5)(a) of the Security and Investigation Industry Act 1995

Operation of Security and Investigation Industry Act in relation to results of breath analysis

        1         Cancellation of licence

A security agents licence may be cancelled by the Commissioner for Consumer Affairs if the results of a breath analysis demonstrate that the prescribed concentration of alcohol (as defined in section 23I of the Security and Investigation Industry Act 1995 ) was present in the licensee's blood when the licensee was performing the function of controlling crowds.

        2         Breath analysis

Your breath has just been analysed by means of a breath analysing instrument which indicated that the prescribed concentration of alcohol was present in your blood.

Accordingly, it appears that your security agents licence may be cancelled as described above.

        3         Legal effect of breath analysis result

The result of the breath analysis will be presumed to accurately record the concentration of alcohol in your blood at the time of the analysis and throughout the preceding 2 hours (section 23M(1) and (3)).

You will be able to challenge the accuracy of the breath analysis reading—

        •         if you have a sample of your blood taken and analysed as described below AND

        •         if the result of analysis of the blood sample shows that the breath analysing instrument gave a false reading of the concentration of alcohol present in your blood (section 23M(2)).

Procedures for optional blood test

        1         You may have a sample of your blood taken and analysed if you wish.

        2         For that purpose, you must request the breath analysis operator to supply you with an approved blood test kit (you must sign a written request form for the kit and should retain a copy of the signed request form).

        3         You should then proceed promptly to a hospital or a medical practitioner or registered nurse of your choice and request that a sample of your blood be taken (using the blood test kit). You must give the medical practitioner or registered nurse the blood test information sheet that was supplied to you with the blood test kit.

        4         The sample of your blood must be taken within 4 hours of the breath analysis that indicated the presence of alcohol in your blood.

        5         Do not consume any further alcohol before the sample is taken.

        6         Do not open the blood test kit.

        7         The medical practitioner or registered nurse taking the sample of your blood will divide it and place it into 2 containers and seal the containers. One container will be delivered to you—do not break the seal on this container.

        8         Sign the form presented to you by the medical practitioner or registered nurse—the original of the form will be given to you which you should retain.

        9         You may, if you wish, have the blood sample (in the container delivered to you) analysed at a laboratory to determine the concentration of alcohol present in the blood.

        10         The other blood sample container will, in any event, be sent to Forensic Science SA where the blood will be analysed. The results of this analysis will be sent to you at your address (as indicated on the form presented to you by the medical practitioner or registered nurse who took the blood sample).