Police Amendment (Initial Screening) Regulation 2010 (NSW)

2010 No 662

New South Wales

Police Amendment (Initial Screening)

Regulation 2010

under the

Police Act 1990

The Administrator, with the advice of the Executive Council, has made the following

Regulation under the Police Act 1990.

MICHAEL DALEY, MP

Minister for Police

Explanatory note
The objects of this Regulation are as follows:

(a)	to enable initial screening tests to be conducted on samples of urine provided for the purpose of random drug testing of police officers under section 211A of the Police Act 1990,
(b)	to enable a sample that returns a result indicating the possible presence of prohibited drugs to be dealt with in substantially the same way as existing procedures which apply to a sample that is not subject to an initial screening test,
(c)	to enable the Commissioner of Police to take temporary measures to manage the risk associated with an officer whose initial screening test returns a result indicating a possible presence of prohibited drugs,
(d)	to allow samples which return a result indicating the absence of prohibited drugs to be discarded.

This Regulation is made under the Police Act 1990, including sections 211A, 211B and 219

(the general regulation-making power).

Published LW 3 December 2010	Page 1
2010 No 662
Clause 1	Police Amendment (Initial Screening) Regulation 2010

Police Amendment (Initial Screening) Regulation 2010

under the

Police Act 1990

1      Name of Regulation

This Regulation is the Police Amendment (Initial Screening) Regulation
2010.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

2010 No 662

Police Amendment (Initial Screening) Regulation 2010

Amendment of Police Regulation 2008	Schedule 1
Schedule 1	Amendment of Police Regulation 2008

[1]      Clause 76 Definitions

Insert in alphabetical order in clause 76:

initial screening test means a preliminary test conducted under
clause 91A.

[2]      Clause 82A

Insert after clause 82:

82A Consequences of a positive screening test

If an initial screening test returns a result indicating the possible presence of prohibited drugs in a sample of a police officer’s urine, the Commissioner may:

(a)	take no action until the outcome of an analysis of the urine in accordance with clause 93 is known, or
(b)	place the officer on modified duties, such as station or office duties, or
(c)	relieve the officer from duty on full pay.

[3]      Clause 83 Consequences for police officers using prohibited drugs or steroids

Insert “(other than an initial screening test)” after “test” in clause 83 (1) (a).

[4]      Clause 84 Consequences for police officers repeatedly using prohibited drugs or steroids

Insert “(not including a screening test)” after “test” in clause 84 (1) (a).

[5]      Clause 85 Special provisions in relation to probationary constables

Insert “(other than an initial screening test)” after “test” in clause 85 (2).

[6]      Clause 91A

Insert after clause 91:

91A Action with respect to initial screening of samples of urine

(1)	This clause applies if a sample of urine is taken under section 211A of the Act for the purpose of conducting testing on a random basis.
(2)	The sample may be subjected to a preliminary test conducted:
(a) on the site at which it is originally provided, and

2010 No 662

Police Amendment (Initial Screening) Regulation 2010

Schedule 1 Amendment of Police Regulation 2008

(b)	in accordance with the on-site screening procedure set out in AS 4308 or any other procedure approved by the Commissioner in that regard.
(3)	If the preliminary test of the sample returns a result indicating the possible presence of prohibited drugs, it must be dealt with in accordance with clause 92 (2), (3), (4) and (5).
(4)	If the preliminary test of the sample returns a result indicating the absence of prohibited drugs, it must be disposed of in accordance with AS 4308.

[7]      Clause 92 Action with respect to samples of urine, hair and blood

Insert after clause 92 (1):

(1A) This clause does not apply in relation to a sample of urine that has been the subject of an initial screening test that returned a result indicating the absence of prohibited drugs.