Overview

The Defence Determination (Prohibited Substances – Authorised Persons) 2019/2 was enacted to address the need for a comprehensive regime for the drug testing of the Australian Defence Force (ADF) under the Defence Act 1903. This legislative instrument was introduced to facilitate the identification and designation of authorised persons responsible for testing for prohibited substances within the ADF, thereby ensuring adherence to the rigorous standards required for the safety and operational effectiveness of the defence force. Enacted by the Chief of the Defence Force under the authority of section 93A of the Defence Act 1903, this Determination serves to establish a clear framework for the drug testing process. The policy objective is to ensure that the ADF maintains a drug-free environment, which is critical for the safety, discipline, and operational readiness of its personnel. This Determination replaced the previous Defence Determination (Prohibited Substances – Authorised Persons) 2019/1 and was developed following consultation with relevant military commands and drug policy directors, ensuring that it meets the specific needs of the ADF. The Determination is also compatible with human rights as it does not engage any human rights, as stated in the Statement of Compatibility with Human Rights prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence Determination (Prohibited Substances – Authorised Persons) 2019/2 applies to the individuals designated as authorised persons for the purpose of testing for prohibited substances within the Australian Defence Force (ADF). This Determination is established under section 93A of the Defence Act 1903, which empowers the Chief of the Defence Force to determine through legislative instrument who these authorised persons are. The scope of the Determination encompasses the ADF and its personnel, specifically targeting those involved in the testing and enforcement of drug regulations within the Defence force. Geographically, this Determination applies Commonwealth-wide as it pertains to the ADF, which operates under national jurisdiction. The Determination explicitly repeals the previous Defence Determination (Prohibited Substances – Authorised Persons) 2019/1, indicating an update or refinement in the list of authorised persons. The authority for this instrument is derived directly from the Defence Act 1903, and it is accompanied by a Statement of Compatibility with Human Rights, affirming that the Determination does not infringe upon any recognised human rights.

Key Provisions

The Defence Determination (Prohibited Substances – Authorised Persons) 2019/2, which operates under section 93A of the Defence Act 1903, serves to identify specific individuals or entities authorised to conduct drug testing within the Australian Defence Force (ADF). The primary operative sections of this determination are outlined in sections 3, 4, and 5. Section 3 establishes that this instrument derives its authority from section 93A of the Defence Act 1903, while section 4 repeals the previous Defence Determination (Prohibited Substances – Authorised Persons) 2019/1. Section 5 specifically lists the authorised persons who are empowered to conduct testing for prohibited substances within the ADF. These sections collectively establish the framework for determining who can perform drug testing under the Act. The Act imposes specific obligations on the authorised persons named within it. These individuals or entities must adhere to the protocols and procedures outlined in Part VIIIA of the Defence Act 1903 for drug testing. They are expected to carry out their duties with due diligence, ensuring that all tests are conducted in a fair, accurate, and reliable manner. The authorised persons are also required to maintain confidentiality regarding the test results and any related personal information, in line with the ADF's policies and applicable laws. Their responsibilities include not only conducting tests but also possibly handling the chain of custody for the samples and reporting results to the appropriate authorities. Failure to comply with the obligations and requirements set forth by the Defence Determination (Prohibited Substances – Authorised Persons) 2019/2 can result in various consequences. While the specific penalties are not detailed in the provided text, breaches of drug testing protocols in the ADF can generally lead to disciplinary actions, including potential dismissal from service for ADF members. In a broader legal context, unauthorised conduct related to drug testing could potentially lead to civil or criminal charges, depending on the nature and severity of the breach. The Defence Act 1903 and related regulations would provide the legal basis for any such penalties, which could include fines or imprisonment, although exact penalties are not specified in this particular determination.