Schedule 1 Amendments to Police Act 1990 relating to testing for alcohol, drugs and steroids

(Section 3)

[1]   Section 211A Testing of police officers for alcohol and prohibited drugs

Insert “(or both)” after “urine or hair” in section 211A (1) (b).

[2]   Section 211A (2A)

Omit the subsection. Insert instead:

  

(2A)  An authorised person must require any police officer directly involved in a mandatory testing incident to:

(a)  undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence of alcohol, and

(b)  provide a sample of their urine or hair (or both) for the purpose of testing for the presence of prohibited drugs,

      in accordance with the directions of the authorised person and the regulations.

[3]   Section 211A (4A) and (4B)

Omit “incident” wherever occurring.

Insert instead “mandatory testing incident”.

[4]   Section 211A (4E), (4F) and (4G)

Insert after section 211A (4D):

  

(4E)  A police officer of or above the rank of superintendent may direct any off duty police officer to accompany another police officer to any police premises to report for duty to provide a sample of the off duty police officer’s urine or hair (or both) for the purpose of testing for the presence of prohibited drugs. The selection of police officers for testing pursuant to this subsection is to be conducted on a targeted basis, as determined by the Commissioner.

(4F)  A police officer directed to accompany another police officer pursuant to subsection (4E) must not refuse to do so without reasonable excuse.

(4G)  For the purposes of subsection (4E), a police officer is taken to be off duty other than when a police officer is required to report for duty in accordance with a roster.

[5]   Section 211A (5) (i)

Insert after section 211A (5) (h):

  

(i)  the circumstances amounting to reasonable excuse for failing to accompany a police officer pursuant to subsection (4E).

[6]   Section 211A (7)

Insert in alphabetical order:

  

mandatory testing incident means an incident where a person is killed or seriously injured:

(a)  as a result of the discharge of a firearm by a police officer, or

(b)  as a result of the application of physical force by a police officer, or

(c)  while detained by a police officer, or while in police custody, or

(d)  in circumstances involving a police aircraft, motor vehicle or vessel.

police premises means any police station, command, building, structure or any other area occupied from time to time by the NSW Police Force.

[7]   Section 211AA

Insert after section 211A:

  

211AA   Testing of officers for steroids

(1)  An authorised person may require any police officer who is on duty in accordance with a roster to provide a sample of the police officer’s urine for the purpose of testing for the presence of steroids. The selection of police officers for testing pursuant to this subsection is to be conducted on a targeted basis, as determined by the Commissioner.

(2)  The regulations may make provision for or with respect to the following:

(a)  the authorisation of persons:

(i)  to administer tests for the purpose of detecting the presence of steroids, and

(ii)  to operate equipment for that purpose,

(b)  the conduct of testing,

(c)  the taking of samples of urine,

(d)  the devices used in carrying out tests,

(e)  the accreditation of persons conducting analyses for the presence of steroids,

(f)  the procedure for the handling and analysis of samples of urine,

(g)  offences relating to interference with test results or the testing procedure,

(h)  the confidentiality of test results,

(i)  requests for production of medical prescriptions for steroids and offences relating to failure to comply with such requests.

(3)  The annual report of the NSW Police Force prepared under the Annual Reports (Departments) Act 1985 must include details of:

(a)  the number of tests for steroids conducted during the relevant year, and

(b)  the number of those tests that indicated that a police officer had tested positive for the presence of steroids.

(4)  In this section:

authorised person means a person authorised in accordance with the regulations to conduct tests for the purposes of this section and the regulations.

steroid means anabolic and androgenic steroidal agents included in Schedule Four to the Poisons List under the Poisons and Therapeutic Goods Act 1966.

[8]   Section 211B Code of behaviour regarding the consumption of alcohol and the use of prohibited drugs or steroids

Insert “and steroids” after “prohibited drugs” in section 211B (1).

[9]   Section 211B (2) (a) and (d)

Insert “or steroids” after “prohibited drugs” wherever occurring.