Overview

The Defence Determination (Prohibited Substances - Authorised Persons) 2019 was introduced to address a specific need within the Defence Act 1903, ensuring a structured and authorised approach to drug testing within the Australian Defence Force (ADF). Enacted under the authority of section 93A of the Defence Act 1903 by the Chief of the Defence Force, this legislative instrument aims to clearly define which individuals are authorised to conduct tests for prohibited substances. This ensures that drug testing procedures within the ADF are carried out by appropriately qualified and authorised personnel, thereby maintaining the integrity and reliability of the testing process. The determination reflects a policy objective to uphold the health, safety, and operational effectiveness of the ADF by managing substance use among its members. Consultation for this Determination involved key stakeholders, including Directors from various military branches and relevant health and legal divisions within Defence. The Chief of the Defence Force, Angus J Campbell, was satisfied that further external consultation was not necessary. Additionally, the determination includes a statement of compatibility with human rights, affirming that it aligns with the human rights and freedoms recognised in international instruments, as required by the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Defence Determination (Prohibited Substances - Authorised Persons) 2019 is an instrument made under section 93A of the Defence Act 1903, providing a specific framework for designating authorised persons responsible for testing Australian Defence Force members for prohibited substances. This Determination applies to individuals who are appointed as authorised persons to conduct drug testing within the ADF, ensuring that such testing is carried out by qualified personnel. The instrument is designed to support the comprehensive drug testing regime established under Part VIIIA of the Defence Act 1903, which aims to maintain the integrity and operational readiness of the ADF by preventing the use of prohibited substances among its members. The Determination’s scope is confined to the ADF, with its authority stemming directly from the Defence Act 1903, and it does not extend beyond this specific purpose. There are no stated exclusions or exemptions within the Determination itself, although the Act may include broader provisions addressing these aspects. The Determination also outlines the commencement date, which is the day after registration, and notes that it has been subject to internal consultation within the Defence organisation, including with key personnel from various branches and health-related divisions. Additionally, it includes a Statement of Compatibility with Human Rights, asserting that the Determination is consistent with the human rights and freedoms recognised in international instruments, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. This signifies that the instrument does not interfere with any human rights. The authority for making this Determination is explicitly stated to be derived from section 93A of the Defence Act 1903, and no subordinate instruments are mentioned as extending or restricting its application.

Key Provisions

The Defence Determination (Prohibited Substances - Authorised Persons) 2019 (the Determination) provides a framework for identifying authorised persons responsible for drug testing within the Australian Defence Force (ADF) as stipulated in section 93A of the Defence Act 1903. This Determination is critical in ensuring that the ADF adheres to strict protocols for drug testing, thereby maintaining operational effectiveness and safety. Section 4 specifically lists the authorised persons who are permitted to conduct these tests. The Determination imposes clear obligations on the authorised persons identified under section 4. These individuals must comply with the requirements set forth in Part VIIIA of the Defence Act 1903, ensuring they conduct drug tests in a manner that is both lawful and consistent with military standards. The authorised persons are expected to be well-trained and authorised to carry out these tasks, thereby ensuring the integrity and reliability of the testing process. In the event of a breach of the provisions outlined in the Determination, there are significant consequences. While the Determination itself does not explicitly detail penalties, breaches of drug testing protocols can result in disciplinary actions under the Defence Act 1903. These actions can include administrative penalties, formal reprimands, and, in severe cases, the potential for criminal charges if the breach involves serious misconduct or criminal activity. The seriousness of these consequences underscores the importance of compliance with the drug testing regime within the ADF.