Victorian Numbered Regulations

RAIL SAFETY (LOCAL OPERATIONS) (DRUG AND ALCOHOL CONTROLS) REGULATIONS 2017 (SR NO 78 OF 2017) - REG 10

For the purposes of section 86D(7) of the Act, a report of assessment of drug impairment must contain the following particulars—

        (a)     particulars of the identity of the person on whom the assessment was carried out, including, if known, the person's name, address, date of birth and gender;

        (b)     the date and time at which the person underwent the assessment;

        (c)     the place at which the person underwent the assessment;

        (d)     the time (if any) reported to the transport safety officer or police officer (as the case requires) carrying out the assessment as the latest time the person carried out rail safety work;

        (e)     whether the person underwent a preliminary breath test in accordance with section 83 of the Act or furnished a sample of breath for analysis by a breath analysing instrument and, if so, the result of the test or analysis, if known;

        (f)     the record of interview of the person carried out by the transport safety officer or the police officer carrying out the assessment;

        (g)     particulars of any medical treatment sought by or for the person;

        (h)     any statements made by the person concerning a drug or drugs;

              (i)     any observations made by the transport safety officer or police officer carrying out the assessment of the person in relation to—

              (i)     any apparent injury or illness of the person; and

              (ii)     whether the person smelt of intoxicating liquor; and

              (iii)     the person's speech; and

              (iv)     the person's eyes; and

              (v)     the person's breathing; and

              (vi)     the person's skin; and

              (vii)     the person's movement; and

              (viii)     the person's balance; and

              (ix)     the state of the person's clothing; and

              (x)     the person's actions; and

              (xi)     the person's demeanour; and

              (xii)     any physical signs of drug use by the person; and

              (xiii)     the person's ability to comprehend instructions; and

              (xiv)     the person's ability to divide attention; and

              (xv)     whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs;

        (j)     whether the assessment, in the opinion of the transport safety officer or police officer carrying it out, indicates that the person may be impaired by a drug or drugs;

        (k)     the name, identification number and signature of the transport safety officer, or the name, rank, station and signature of the police officer (as the case requires) carrying out the assessment.