Prisons (Prison Officers Drug and Alcohol Testing) Regulations 2016 (WA)

Western Australia Prisons Act 1981 Prisons (Prison Officers Drug and Alcohol Testing) Regulations 2016 Western Australia Prisons (Prison Officers Drug and Alcohol Testing) Regulations 2016 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Application of these regulations 5 5. Publication of approved persons 5 6. Approved persons 6 7. Approved sample collectors 6 8. Approved analysts 6 9. When testing may be carried out: random 7 10. When testing may be carried out: targeted 7 11. When testing may be carried out: mandated 7 12. Chief executive officer may declare drugs or substances to be targeted drugs 8 13. Chief executive officer may declare substances to be masking agents 9 14. Chief executive officer may approve collection procedures for alcohol and drug testing 9 Part 2 — Testing for alcohol 15. Requirement to submit sample of breath for preliminary analysis 10 16. Requirement to confirm identity 10 17. Requirement to submit further sample of breath 11 18. Breath analysis form to be completed 11 19. Requirement to submit sample of urine or blood under certain circumstances 12 20. Incapacity to provide sample 12 Part 3 — Testing for drugs 21. Requirement to submit sample for drug testing 13 22. Requirement to confirm identity 13 23. Incapacity to provide sample 14 24. Opportunity to explain a presumptive positive test result for drugs 14 25. Requirement to submit further sample for drug testing 15 26. Drug analyst to report result to chief executive officer 15 Part 4 — Recall to, and remaining on, duty Division 1 — Critical incident 27. Remain on duty: alcohol and drug testing 16 28. Recall to duty: drug testing 16 29. Recall to duty: alcohol testing 16 Division 2 — Other testing 30. Remain on duty: alcohol and drug testing 17 31. Recall to duty: drug testing 17 Part 5 — Self reporting 32. Involuntary or accidental alcohol consumption 19 33. Involuntary or accidental drug ingestion 19 Part 6 — Adverse test results 34. Adverse testing outcome: alcohol 20 35. Adverse testing outcome: drugs 21 36. Independent testing 21 37. Consequences of an adverse testing outcome: alcohol 21 38. Consequences of an adverse testing outcome: drugs 22 Part 7 — Other offences 39. Refusal 24 40. Avoidance 24 41. Tampering 25 42. Sanction for offences 25 Schedule 1 — Forms Notes Compilation table 30 Defined terms Prisons Act 1981 Prisons (Prison Officers Drug and Alcohol Testing) Regulations 2016