Victorian Numbered Acts Victorian Numbered Acts(1) If a rail safety worker undergoes an assessment of drug impairment when required under section 79 to do so and the assessment, in the opinion of the transport safety officer or member of the police force (as the case requires) carrying it out, indicates that the rail safety worker may be impaired by a drug or drugs, the transport safety officer or member of the police force (as the case requires) may require the rail safety worker to do either or both of the following—
(a) allow a registered medical practitioner or an approved health professional nominated by that transport safety officer or member of the police force to take from the rail safety worker a sample of that rail safety worker's blood for analysis;
(b) furnish to a registered medical practitioner or an approved health professional nominated by that transport safety officer or member of the police force a sample of that rail safety worker's urine for analysis—
and for that purpose may further require the person to accompany the transport safety officer or member of the police force to a place where the sample is to be taken or furnished and to remain there until the sample has been taken or furnished or until 3 hours after the carrying out of the rail safety work, whichever is sooner.
(2) A transport safety officer or member of the police force must not require a rail safety worker to allow a sample of his or her blood to be taken for analysis under sub-section (1)(a) if that rail safety worker has already had a sample of blood taken from him or her under section 78 after carrying out rail safety work.
(3) The registered medical practitioner or approved health professional who takes a sample of blood or is furnished with a sample of urine under this section must deliver a part of the sample to the transport safety officer or member of the police force who required it to be taken or furnished and another part to the rail safety worker from whom it was taken or by whom it was furnished.
(4) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood, or be furnished with a sample of the urine, of any other person in accordance with this section.
Penalty: 12 penalty units.
(5) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood, or being furnished with any sample of urine, which the practitioner or approved health professional believed on reasonable grounds was required to be taken from, or be furnished by, any person under this section.
(6) If the person on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 76(1)(b), a copy of a written report on that assessment prepared by the transport safety officer or member of the police force who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the making of the charge.