South Australian Numbered Acts South Australian Numbered Acts9—Insertion of Part 6 Division 2
After section 41 insert:
Division 2—Drug and alcohol testing of police, police cadets, etc
41A—Interpretation
(1) In this Division—
"alcotest" means a test by means of an apparatus of a kind approved for the conduct of alcotests under the Road Traffic Act 1961 ;
"biological sample" means a sample of blood, urine or oral fluid;
"breath analysing instrument" means an apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961 ;
"breath analysis" means an analysis of breath by a breath analysing instrument;
"classified appointment or position" means an appointment or position in respect of which it is an essential requirement that an applicant for the appointment or position undergo a medical or psychological assessment as part of the application process;
"critical incident" means an incident where a person is killed or suffers serious bodily injury—
(a) while detained by a member of SA Police; or
(b) as a result of the discharge of a firearm or an electronic control device; or
(c) in circumstances involving a police aircraft, motor vehicle, vessel or other mode of transport; or
(d) as a result of alleged police action;
"drug" means a substance that is a controlled drug under the Controlled Substances Act 1984 ;
"drug and alcohol testing"—see section 41B(1);
"forensic material" means any human material from which the person from whom the material was taken could be identified;
"oral fluid" includes saliva;
"oral fluid analysis" means an analysis of oral fluid by means of an apparatus of a kind approved under the Road Traffic Act 1961 for the purpose of conducting oral fluid analyses.
(2) For the purposes of this Division, a person "uses a drug" if the person—
(a) consumes, smokes or administers to himself or herself the drug; or
(b) permits another person to administer the drug to him or her.
41B—Drug and alcohol testing of members and cadets
(1) A member of SA Police or a police cadet may, in accordance with this section, be required to do any of the following:
(a) to submit to an alcotest or breath analysis, or both, for the purpose of testing for the presence of alcohol;
(b) to provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs,
("drug and alcohol testing").
(2) A member of SA Police or a police cadet may be required to undergo drug and alcohol testing, in accordance with orders or directions of the Commissioner, in any of the following circumstances:
(a) if the member or police cadet has, while on duty, been involved in a critical incident;
(b) if the member or police cadet has, while on duty, engaged in driving that is classified by the Commissioner in orders as high risk;
(c) if there is a reasonable cause to believe that the member or police cadet has recently consumed alcohol or used a drug;
(d) if the member or police cadet is applying for a classified appointment or position.
41C—Drug and alcohol testing of applicants to SA Police
(1) A person to whom this subsection applies will, in accordance with orders or directions of the Commissioner, be required to do any of the following:
(a) to submit to an alcotest or breath analysis, or both, for the purpose of testing for the presence of alcohol;
(b) to provide a biological sample for the purpose of a blood test, urinalysis or an oral fluid analysis to test for the presence of alcohol or drugs.
(2) Subsection (1) applies to—
(a) a person applying to be a police cadet; and
(b) a person who is not either a member of SA Police or a police cadet applying for appointment to SA Police.
41D—Procedures for drug and alcohol testing
(1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Division.
(2) Without limiting the generality of subsection (1), the regulations may—
(a) prescribe procedures for drug and alcohol testing; and
(b) provide for the authorisation of persons to conduct drug and alcohol testing and operate equipment for that purpose; and
(c) regulate the collection of biological samples taken from persons for the purposes of drug and alcohol testing under this Division; and
(d) provide for the analysis of test results, including the accreditation of persons conducting the analysis; and
(e) provide for the approval of devices used in carrying out drug and alcohol testing and analysis; and
(f) provide for the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; and
(g) prescribe the circumstances that amount to a defence to a breach of the Code or the regulations, including where the consumption of alcohol or drugs occurs after police work has been carried out; and
(h) prescribe evidentiary provisions to facilitate proof of contraventions of the Code or the regulations for the purposes of proceedings relating to those contraventions; and
(i) provide for the confidentiality of test results; and
(j) regulate the destruction of biological samples collected for testing; and
(k) provide for the protection of persons involved in taking or conducting testing from liability for acts or omissions done in good faith and in accordance with this Division.
41E—Biological samples, test results, etc not to be used for other purposes
(1) A biological sample (and any other forensic material taken incidentally in the course of testing a person for the presence of drugs or alcohol) taken under this Division must not be used for any purpose other than—
(a) for a purpose contemplated by this Division; or
(b) in connection with the control and management of SA Police; or
(c) for the purpose of disciplinary proceedings under this Act.
(2) The results of any drug and alcohol testing or analysis conducted under this Division, or an admission or a statement made by a person relating to such drug and alcohol testing, is not admissible in any proceedings other than disciplinary proceedings under this Act.