Victorian Consolidated Regulations

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION REGULATIONS 2023 - REG 16

    (1)     Subject to subregulation (2), a sample direction must state —

        (a)     the reason why the IBAC gives the sample direction, specifying whether the IBAC believes that the IBAC Officer—

              (i)     has consumed alcohol or a drug of dependence and as a result is incapable of, or inefficient in, performing their duties; or

              (ii)     has been involved in a critical incident; or

              (iii)     should be tested for alcohol or a drug of dependence in order for the IBAC to manage the IBAC Officer's performance of their duties or exercise of their powers; or

              (iv)     should be tested for alcohol or a drug of dependence in order for the IBAC to conduct a disciplinary process against the IBAC Officer; and

        (b)     the type of sample (being breath, urine or blood) that the IBAC Officer is required to provide; and

        (c)     that, if a sample is not provided because the IBAC Officer is unconscious or otherwise unable to comply with the sample direction and the IBAC reasonably believes the IBAC Officer was involved in a critical incident, a registered medical practitioner may be directed to take a sample of the IBAC Officer's blood; and

        (d)     that the IBAC Officer is required to remain at or attend specified premises for the sample to be taken; and

        (e)     that the IBAC Officer must not consume alcohol or a drug of dependence before the sample is taken; and

        (f)     that the sample of breath, urine or blood may be affected by prescription medication taken by the IBAC Officer and that the IBAC Officer should notify the person taking the sample of any prescription medication the IBAC Officer takes; and

        (g)     that failure by the IBAC Officer to comply with the sample direction may constitute grounds for disciplinary action against the IBAC Officer; and

        (h)     that the test results are to be given to the IBAC and will otherwise remain confidential, other than any disclosures authorised by the Act.

    (2)     If the IBAC is of the opinion that a delay would be necessary in order to comply with subregulation (1) and that the delay may materially affect the accuracy of the test, the IBAC may give the IBAC Officer a sample direction that specifies—

        (a)     the name of the IBAC Officer to whom the sample direction is given; and

        (b)     the name of the IBAC Officer giving the sample direction; and

        (c)     the type of sample (being breath, urine or blood) that the IBAC Officer to whom the sample direction is given is required to provide.

    (3)     If a sample direction is given to an IBAC Officer under subregulation (2), the IBAC must give that IBAC Officer a notice in writing containing the information prescribed in subregulation (1) as soon as practicable after giving the sample direction.