Police Service Administration Amendment Regulation (No. 1) 2004 (Qld)

Queensland Police Service Administration Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 273 made under the Police Service Administration Act 1990 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new s 1.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pts 7A–7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 7A Alcohol tests Division 1 Criteria for conducting random alcohol tests without approval of commissioner or deputy commissioner 7A.1 When random alcohol test may be conducted without approval of commissioner or deputy commissioner . . 4 7A.2 Time period for conducting random alcohol test. . . . . 5 Division 2 Arranging alcohol tests 7A.3 ADA to notify group’s coordinator of group’s selection 6 7A.4 Authorised person must consult with ADA before requiring certain alcohol tests under Act, s 5A.8(c) . . 6 7A.5 When and where relevant member may be recalled to duty for alcohol test .................... 7 Division 3 Procedure for alcohol test and reporting test result 7A.6 A way of requiring relevant member to submit to alcohol test ............................ 7

2 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 Schedule 7A.7 Sufficient specimen of breath for testing . . . . . . . . . . 7A.8 Claim that alcohol is present in mouth . . . . . . . . . . . . 7A.9 Breath testing instruments . . . . . . . . . . . . . . . . . . . . . 7A.10 Authorised person must report test result . . . . . . . . . Division 4 Other matters 7A.11 Form of written approval of commissioner or deputy commissioner requiring submission to random alcohol test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 7B Targeted substance tests Division 1 Arranging targeted substance tests 7B.1 Authorised person must consult with ADA before requiring certain targeted substance tests . . . . . 7B.2 Deciding time and place for targeted substance testing on covert operative . . . . . . . . . . . . . . . . . 7B.3 Limit on length of time that must be specified to provide specimen of urine ................. 7B.4 When and where relevant member may be recalled to duty for targeted substance test . . . . . . . . . . . Division 2 Procedure for targeted substance test and reporting test result 7B.5 A way of requiring relevant member to submit to targeted substance test . . . . . . . . . . . . . . . . . . . . . . . 7B.6 Relevant member to advise details of medication etc. 7B.7 If relevant member claims to be unable to provide specimen because of a medical condition . . . . . 7B.8 Water may be drunk if relevant member claims to be unable to immediately provide specimen . . . . . . 7B.9 Requirements about the collection of and dealing with urine specimens—Act, s 5A.14 ............. 7B.10 Commissioner to advise relevant member of test result ............................. Part 7C Self-reporting by member of the service for counselling or rehabilitation in relation to alcohol or a drug 7C.1 Self-reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 9 9 10 10 11 11 12 12 13 13 14 15 15 17

s1 3 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 1 Short title This regulation may be cited as the Police Service Administration Amendment Regulation (No. 1) 2004 . 2 Regulation amended This regulation amends the Police Service Administration Regulation 1990. 3 Insertion of new s 1.2 After section 1— insert— ‘1.2 Definitions ‘In this regulation— ADA see section 7A.3. allowed period for testing see section 7A.2(2). random alcohol test notice see section 7A.3.’. 4 Insertion of new pts 7A–7C After section 7.2— insert—

s4 4 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘Part 7A Alcohol tests ‘Division 1 Criteria for conducting random alcohol tests without approval of commissioner or deputy commissioner ‘7A.1 When random alcohol test may be conducted without approval of commissioner or deputy commissioner ‘(1) This section states the criteria for deciding, under section 5A.9(2)(b) 1 of the Act, when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. ‘(2) For the purpose of the criteria, the commissioner must divide all relevant members into groups as the commissioner considers appropriate. ‘(3) The selection of a group for random alcohol testing must be performed using a system approved by the commissioner that— (a) randomly selects from the groups the name or other identifier of 1 group; and (b) ensures that 2 or more groups in the same command, region or division of the service are not selected in the 1 day; and (c) gives the name or other identifier of the selected group. ‘(4) However, enough groups must be selected using the system to ensure that, together, the number of relevant members in the groups selected during each year will comprise, when selected, at least 10% of the number of persons who were relevant members at the start of the year. ‘(5) A random alcohol test may only be conducted without the approval of the commissioner or deputy commissioner on a relevant member who is— 1 Section 5A.9 (Random alcohol testing) of the Act

s4 5 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 (a) on duty when required to submit to the random alcohol test; and (b) a member of the selected group as it exists at that time. ‘(6) In this section— region means 1 of the regions into which Queensland is split for the administration of the service. ‘7A.2 Time period for conducting random alcohol test ‘(1) This section states the criteria for deciding, under section 5A.9(2)(b) of the Act, when a random alcohol test may be conducted. ‘(2) A random alcohol test may only be conducted on a relevant member within the period specified under subsection (3) (the allowed period for testing ). ‘(3) The allowed period for testing of a relevant member is— (a) if the relevant member and the nearest authorised person are stationed at the same place—24 hours after a random alcohol test notice is given in relation to a group that includes the relevant member; or (b) if the relevant distance is not over 100 km—24 hours after a random alcohol test notice is given in relation to a group that includes the relevant member; or (c) if the relevant distance is over 100 km but not over 200 km—1 week after a random alcohol test notice is given in relation to a group that includes the relevant member; or (d) if the relevant distance is over 200 km but not over 300 km—1 month after a random alcohol test notice is given in relation to a group that includes the relevant member; or (e) if the relevant distance is over 300 km—6 months after a random alcohol test notice is given in relation to a group that includes the relevant member; or

s4 6 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 (f) otherwise—6 months after a random alcohol test notice is given in relation to a group that includes the relevant member. ‘(4) In this section— relevant distance means the distance, if any, by usable road between the place where a relevant member is stationed and the place where the nearest authorised person is stationed. ‘Division 2 Arranging alcohol tests ‘7A.3 ADA to notify group’s coordinator of group’s selection ‘(1) This section applies if— (a) the system has given the name or other identifier of a selected group; and (b) the commissioner has established as a unit of the service an alcohol and drug awareness section ( ADA ); and (c) the commissioner has authorised a person to be the coordinator for subsection (2) for the selected group. ‘(2) The ADA must give the coordinator written notice ( random alcohol test notice )— (a) of the name or other identifier of the selected group; and (b) that the coordinator must advise an authorised person of the group that has been selected. ‘7A.4 Authorised person must consult with ADA before requiring certain alcohol tests under Act, s 5A.8(c) ‘An authorised person who knows a relevant member has an agreement with the commissioner under section 7C.1 2 must, if reasonably practicable, consult with the ADA before requiring the relevant member to submit to an alcohol test under section 5A.8(c) 3 of the Act. 2 Section 7C.1 (Self-reporting) 3 Section 5A.8 (Circumstances for alcohol testing) of the Act

s4 7 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘7A.5 When and where relevant member may be recalled to duty for alcohol test ‘A relevant member who is not on duty must not be recalled to duty for the purpose of being required to submit to an alcohol test under part 5A 4 of the Act unless— (a) the alcohol test is not a random alcohol test; and (b) the relevant member has been involved in a critical incident; and (c) the place where the relevant member is recalled to duty is not where the relevant member is living. ‘Division 3 Procedure for alcohol test and reporting test result ‘7A.6 A way of requiring relevant member to submit to alcohol test ‘An authorised person may 5 use the following words to require a relevant member to submit to an alcohol test under part 5A of the Act— • Under part 5A of the Police Service Administration Act1990 , I now require you to provide a specimen of your breath as directed by me for a random alcohol test. [Replace the words ‘random alcohol test’ with the words ‘alcohol test’ if the test is not a random alcohol test.] • I direct you to place your mouth over the mouthpiece of the device and blow directly and continuously through the mouthpiece until I tell you to stop. • Start blowing now. 4 Part 5A (Alcohol and drug tests) of the Act 5 See the Acts Interpretation Act 1954 , section 32CA (Meaning of may and must etc.).

s4 8 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘7A.7 Sufficient specimen of breath for testing ‘(1) This section applies if an authorised person requires a relevant member to submit to an alcohol test under part 5A of the Act. ‘(2) The authorised person may require the relevant member to blow into the instrument used to perform the alcohol test on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing. ‘7A.8 Claim that alcohol is present in mouth ‘(1) This section applies if— (a) an authorised person requires a relevant member to submit to an alcohol test under part 5A of the Act; and (b) the relevant member tells the authorised person that— (i) alcohol from a stated source is or may be present in the relevant member’s mouth; and (ii) the alcohol was taken into the relevant member’s mouth within the last 20 minutes. ‘(2) A specimen of the relevant member’s breath may only be taken after 20 minutes has passed since the claim was made. ‘7A.9 Breath testing instruments ‘(1) This section applies if the commissioner issues a direction under the Act that a reading shown by a particular type of instrument approved under section 5A.10(4)(a) 6 of the Act when used under part 5A of the Act must be reduced by a stated amount. ‘(2) In deciding whether a relevant member is over the limit, the reading shown by the instrument must be reduced by the stated amount. 6 Section 5A.10 (Providing specimen of breath for alcohol test or random alcohol test) of the Act

s4 9 s4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘7A.10 Authorised person must report test result ‘(1) This section applies if an authorised person requires a relevant member to submit to an alcohol test under part 5A of the Act. ‘(2) If the relevant member was over the limit applying to the member when tested, 7 the authorised person must advise the relevant member, the ADA and the following person, in writing, of the information mentioned in subsection (3)— (a) if there is a commissioned officer who is responsible for supervising the relevant member—the commissioned officer; or (b) otherwise—the member of the service who is responsible for supervising the relevant member. ‘(3) The information is— (a) if the relevant member failed to provide a specimen of breath as required—that fact; or (b) the concentration of alcohol in the relevant member’s breath when tested. ‘(4) If the relevant member was not over the limit applying to the member when tested, the authorised person must advise the ADA, in writing, of that fact. ‘Division 4 Other matters ‘7A.11 Form of written approval of commissioner or deputy commissioner requiring submission to random alcohol test ‘(1) A written approval under section 5A.9(2)(a) 8 of the Act may be given by reference to the members of a group, or class, as it exists when a relevant member is required to submit to an alcohol test under the approval. 7 For a failure to provide a specimen as required, see section 5A.11 of the Act. 8 Section 5A.9 (Random alcohol testing) of the Act

s 4 10 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 Examples of a group or class — • relevant members of a particular work unit • relevant members stationed at a particular police station • relevant members who occupy a particular building • relevant members of a particular rank or a particular classification level in the public service • relevant members performing a particular function. ‘(2) This section does not limit the form in which a written approval may be given under section 5A.9(2)(a) of the Act. ‘Part 7B Targeted substance tests ‘Division 1 Arranging targeted substance tests ‘7B.1 Authorised person must consult with ADA before requiring certain targeted substance tests ‘An authorised person who knows a relevant member has a written agreement with the commissioner under section 7C.1 9 must, if reasonably practicable, consult with the ADA before requiring the relevant member to submit to a targeted substance test under section 5A.13(1)(b) 10 of the Act. ‘7B.2 Deciding time and place for targeted substance testing on covert operative ‘An authorised person must, in deciding the time and place for conducting a targeted substance test under part 5A of the Acton a relevant member who is a covert operative, consider— (a) the safety of the relevant member; and 9 Section 7C.1 (Self-reporting) 10 Section 5A.13 (Circumstances for targeted substance testing) of the Act

s 4 11 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 (b) the effect requiring the relevant member to submit to the test at a particular time and place may have on any covert operation in which the relevant member is taking part. ‘7B.3 Limit on length of time that must be specified to provide specimen of urine ‘(1) For a requirement by an authorised person to provide a specimen of urine under section 5A.14(1) 11 of the Act, the time specified for providing the specimen must not be more than 24 hours after the requirement is made. ‘(2) However, the authorised person may specify a time of more than 24 hours, but not more than 36 hours, if the authorised person considers there are exceptional circumstances justifying the longer time. Example of exceptional circumstances — A doctor or registered nurse is not reasonably available to take the specimen of urine. ‘7B.4 When and where relevant member may be recalled to duty for targeted substance test ‘A relevant member who is not on duty must not be recalled to duty for the purpose of being required to submit to a targeted substance test under part 5A of the Act unless— (a) either— (i) the relevant member has been involved in a critical incident; or (ii) an authorised person reasonably suspects the relevant member has contravened section 5A.12 12 of the Act and the relevant member was on duty at the time of the suspected contravention; and (b) the place where the relevant member is recalled to duty is not where the relevant member is living. 11 Section 5A.14 (Providing specimen for targeted substance test) of the Act 12 Section 5A.12 (Targeted substance levels) of the Act

s 4 12 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘Division 2 Procedure for targeted substance test and reporting test result ‘7B.5 A way of requiring relevant member to submit to targeted substance test ‘An authorised person may use the following words when requiring a relevant member to submit to a targeted substance test under part 5A of the Act and to provide a specimen of urine for the purposes of the test— • Under part 5A of the Police Service Administration Act1990 , I require you to provide a specimen of your urine to a doctor or registered nurse at [place] at [time] for a targeted substance test. ‘7B.6 Relevant member to advise details of medication etc. ‘(1) This section applies if an authorised person requires a relevant member to provide a specimen of urine for a targeted substance test under part 5A of the Act. ‘(2) Before providing the specimen the relevant member must, unless the relevant member has a reasonable excuse, advise the commissioner in the approved form of details relevant to the following— (a) any medication or other substance that— (i) may result in there being evidence of a targeted substance in the relevant member’s urine when tested; or (ii) that may otherwise affect the result of the targeted substance test; Example of subparagraph (ii) — A substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance. (b) any incident that may affect the result of the targeted substance test.

s 4 13 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘(3) It is a reasonable excuse for a relevant member to fail to comply with subsection (2) if complying with the requirement might tend to incriminate the relevant member. ‘(4) The relevant member must give the authorised person the completed approved form as soon as is reasonably practicable. ‘(5) An authorised person who receives an approved form under subsection (4) must give the approved form to the ADA. ‘7B.7 If relevant member claims to be unable to provide specimen because of a medical condition ‘(1) This section applies if— (a) an authorised person requires a relevant member to provide a specimen of urine for a targeted substance test under part 5A of the Act; and (b) the relevant member tells the doctor or registered nurse to whom the specimen is required to be provided that the relevant member is unable to provide a specimen of urine because of a medical condition. ‘(2) The relevant member must give the following information to the doctor or registered nurse— (a) the name, if known, and nature of the medical condition; (b) how the medical condition affects the relevant member’s ability to provide a specimen of urine; (c) how long the relevant member has had the medical condition; (d) the name and address of any doctor treating the medical condition. ‘(3) The relevant member must immediately advise the authorised person that the relevant member is unable to provide a specimen of urine because of a medical condition. ‘7B.8 Water may be drunk if relevant member claims to be unable to immediately provide specimen ‘(1) This section applies if—

s 4 14 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 (a) an authorised person requires a relevant member to provide a specimen of urine for a targeted substance test under part 5A of the Act; and (b) the relevant member tells the doctor or registered nurse to whom the specimen is required to be provided that the relevant member is unable to immediately provide the specimen. ‘(2) The doctor or registered nurse may— (a) allow the relevant member to drink up to 500 mL of water as soon as is reasonably practicable; and (b) direct the relevant member to provide the specimen within 1 hour after drinking the water. ‘7B.9 Requirements about the collection of and dealing with urine specimens—Act, s 5A.14 ‘(1) Subject to any direction by the commissioner— (a) the requirements in the standard about the collection of drugs of abuse in human urine must be complied with as if the requirements applied to urine specimens under part 5A of the Act; and (b) the requirements in the standard about the way a specimen of human urine must be dealt with after it has been obtained must be complied with as if the requirements applied to urine specimens under part 5A of the Act. ‘(2) In this section— standard means joint Standards Australia and Standards New Zealand standard AS/NZS 4308, section 3 13 as published on 29 March 2001. 13 AS/NZ 4308 (Procedures for the collection, detention and quarantine of drugs of abuse), section 3 (Specimen collection and storage)

s 4 15 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘7B.10 Commissioner to advise relevant member of test result ‘(1) This section applies if an authorised person requires a relevant member to submit to a targeted substance test under part 5A of the Act. ‘(2) The commissioner must advise the relevant member, in writing, of the information mentioned in subsection (4). ‘(3) The information must be given as soon as is reasonably practicable after the test is completed. 14 ‘(4) The information is— (a) if the relevant member failed to provide a specimen of urine as required—that fact; or (b) otherwise— (i) whether the relevant member had evidence of a targeted substance in the relevant member’s urine when tested; and (ii) if the relevant member had evidence of a targeted substance in the relevant member’s urine when tested—the targeted substance. ‘Part 7C Self-reporting by member of the service for counselling or rehabilitation in relation to alcohol or a drug ‘7C.1 Self-reporting ‘(1) This section applies if a member of the service asks the ADA or an approved person for counselling or rehabilitation in relation to the member’s personal use of alcohol or a drug. 14 For a failure to provide a specimen as required, see section 5A.15 of the Act.

s 4 16 s 4 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 ‘(2) The ADA may invite the member to enter into a written agreement with the commissioner for counselling or rehabilitation services for the member. ‘(3) Without limiting the terms of the agreement, the agreement must state the following— (a) the counselling, treatment or other rehabilitation to be provided under the agreement; (b) that the service will pay the cost of the counselling, treatment or other rehabilitation; (c) the ADA may at any time review the agreement; (d) the agreement may only be changed with the written agreement of the parties; (e) the agreement ends on the earliest of the following— (i) the expiry of the agreement; (ii) if the member has breached the agreement in a substantial way and the commissioner gives written notice ending the agreement to the member; (iii) a party gives written notice ending the agreement to the other party; (iv) the member stops being a member of the service. ‘(4) The agreement may make provision about the testing of the member for alcohol or drugs. ‘(5) In this section— approved person means a member of the service approved by the commissioner for this section.

17 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 Schedule Minor amendments section 2 1 Section 2.3, ‘pursuant to’— omit, insert— ‘under’. 2 Section 4.2(2), first dot point, ‘•’— omit, insert— ‘(a)’. 3 Section 4.2(2), second dot point, ‘•’— omit, insert— ‘(b)’. 4 Section 4.4, from ‘gauge’ to ‘potential’— omit, insert— ‘gauge the officer’s potential’. 5 Section 4.5(5), ‘subsections’— omit, insert— ‘subsection’. 6 Section 4.9(2), ‘therefor notwithstanding that’— omit, insert— ‘for the position, even though’.

18 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 Schedule (continued) 7 Section 4.9(3), ‘pursuant to’— omit, insert— ‘under’. 8 Section 5.3, first dot point, ‘•’— omit, insert— ‘(a)’. 9 Section 5.3, second dot point, ‘•’— omit, insert— ‘(b)’. 10 Part 6, heading, ‘, etc ’ — omit. 11 Section 6.4, first dot point, ‘•’— omit, insert— ‘(a)’. 12 Section 6.4, second dot point, ‘•’— omit, insert— ‘(b)’. 13 Section 7.2(2), first dot point, ‘•’— omit, insert— ‘(a)’.

19 Police Service Administration Amendment RegulationNo. 273, 2004 (No. 1) 2004 Schedule (continued) 14 Section 7.2(2), second dot point, ‘•’— omit, insert— ‘(b)’. ENDNOTES 1 Made by the Governor in Council on 9 December 2004. 2 Notified in the gazette on 10 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Police. © State of Queensland 2004