Children (Detention Centres) Regulation 2015

As soon as practicable after a juvenile justice officer has undergone a breath test under Division 2 of Part 4A of the Act, the authorised person who conducted the breath test must, if the concentration of alcohol determined by the breath test to be present in the officer’s breath or blood exceeds the prescribed concentration, deliver to the officer a statement in writing signed by the authorised person specifying—

the concentration of alcohol determined by the breath test to be present in the officer’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood, and

the day on which and time of the day at which the breath test was completed.

An authorised person may require a juvenile justice officer to submit to a breath analysis in accordance with the directions of the authorised person if—

it appears to the authorised person as a result of a breath test under Division 2 of Part 4A of the Act that the prescribed concentration of alcohol may be present in the officer’s breath or blood, or

the officer refuses or fails to undergo a breath test under Division 2 of Part 4A of the Act in accordance with the directions of the authorised person when requested to do so by the authorised person.

As soon as practicable after a juvenile justice officer has submitted to a breath analysis the authorised person operating the breath analysing instrument must deliver to the officer a statement in writing signed by the authorised person specifying—

the concentration of alcohol determined by the analysis to be present in the officer’s breath or blood and expressed in grammes of alcohol in 210 litres of breath or 100 millilitres of blood, and

the day on which and time of the day at which the breath analysis was completed.

A juvenile justice officer who is required to undergo a breath test or submit to a breath analysis may request the authorised person making the requisition to arrange for the taking (in the presence of an authorised person) of a sample of the officer’s blood for analysis, at the officer’s own expense, by—

a medical practitioner nominated by the officer, or

a medical practitioner nominated by the authorised person at the officer’s request, or

a pathology specimen collector at a collection centre nominated by the officer, or

a pathology specimen collector at a collection centre nominated by the authorised person at the officer’s request.

The making of any such request or the taking of a sample of a juvenile justice officer’s blood does not absolve the officer from the obligation imposed on the officer to undergo a breath test or submit to a breath analysis in accordance with this clause.

In this clause, collection centre means a pathology collection centre that is operated by, or in connection with, a pathology laboratory that is accredited by the National Association of Testing Authorities.