CASA EX92/23 — DAMP Implementation (Information) Exemption 2023

This instrument is CASA EX92/23 — DAMP Implementation (Information) Exemption 2023.

This instrument:

commences on 1 October 2023; and

is repealed at the end of 30 September 2026.

In this instrument:

DAMP has the meaning given by subregulation 99.010(1) of CASR.

DAMP organisation has the meaning given by subregulation 99.010(1) of CASR.

DAMP reporting period has the meaning given by subregulation 99.010(1) of CASR.

SSAA employee has the meaning given by subregulation 99.010(1) of CASR.

A DAMP organisation, which has implemented a DAMP, is exempt from compliance with subregulations 99.100(1) and (2) of CASR.

The exemption is subject to the conditions stated in section 5.

The DAMP organisation must:

subject to subsection (2), create records of the information mentioned in paragraphs 99.100(1)(a) to (l) of CASR in relation to each DAMP reporting period or part of a DAMP reporting period, for the organisation, during which the DAMP was implemented; and

subject to subsection (2), if requested in writing by CASA, create records of information, not mentioned in paragraph (a), relating to the organisation’s implementation of the DAMP, or a drug or alcohol test undergone by an SSAA employee of the organisation under Part 99 of CASR, in relation to each DAMP reporting period or part of a DAMP reporting period, for the organisation, during which the DAMP was implemented; and

ensure each record states the date the record was created; and

keep each record in a secure location for 5 years (the 5-year period) after the last day of the DAMP reporting period or the part of a DAMP reporting period; and

within 6 months after the end of the 5-year period, destroy or delete the parts of the records that relate to the results of drug, or alcohol, testing of an SSAA employee of the organisation.

The records mentioned in paragraph (1)(a) or (b) must not include any information in relation to an SSAA employee of the organisation that might identify the employee.