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Contents (2008 - 376)
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Crimes (Administration of Sentences) Regulation 2008
Repealed version for 11 April 2014 to 31 August 2014 (accessed 10 April 2020 at 09:14)
271   General rules for the provision or taking of certain samples
(1)  In this clause, a reference to a non-invasive sample includes a reference to a sample of breath taken by breath test or breath analysis.
(2)  An authorised person who requires a member of correctional staff to provide, or enable to be taken, a non-invasive sample from the staff member under Division 5 of Part 11 of the Act must specify the type of non-invasive sample to be provided or taken.
(3)  The non-invasive sample so provided or taken must be of the type of non-invasive sample required by the authorised person.
(4)  The staff member may not elect which type of non-invasive sample is provided, or enabled to be taken.
(5)  A non-invasive sample provided by or taken from a member of correctional staff under Division 5 of Part 11 of the Act:
(a)  must be provided or taken in circumstances affording reasonable privacy to the staff member, except as permitted (expressly or impliedly) by any other provision of the Act or this Regulation, and
(b)  must not be provided or taken in the presence or view of a person whose presence is not necessary for the purposes of the provision or taking of the non-invasive sample or required or permitted by another provision of the Act or this Regulation, and
(c)  must not involve the removal of more clothing than is necessary for providing or taking the non-invasive sample, and
(d)  must not involve more visual inspection than is necessary for providing or taking the non-invasive sample.
(6)  All non-invasive samples provided by or taken from a member of correctional staff under Division 5 of Part 11 of the Act are to be provided or taken in a manner consistent with appropriate medical or other relevant professional standards, with due regard to the dignity and self-respect of the staff member and in as seemly a manner as is consistent with the effective provision or taking of the non-invasive sample.
(7)  An authorised person is authorised to take a sample of hair of a member of correctional staff by removing the root of the hair only if:
(a)  the authorised person takes only so much hair as the person believes is necessary for analysis of the sample to be carried out for the purposes of Division 5 of Part 11 of the Act, and
(b)  strands of hair are taken using the least painful technique known and available to the authorised person.