Children (Detention Centres) Regulation 2015

For the purposes of any disciplinary procedure involving an alcohol contravention, a certificate purporting to be signed by a medical practitioner or registered nurse and certifying any one or more of the following matters—

that the practitioner or nurse was a medical practitioner or registered nurse who attended a specified person at a hospital,

that the practitioner or nurse took a sample of the person’s blood or took from, or was provided with, a non-invasive sample in accordance with Division 2 of Part 4A of the Act on the day and at the time stated in the certificate,

that the practitioner or nurse dealt with the sample in accordance with Division 2 of Part 4A of the Act and this Part,

that the practitioner or nurse used equipment of a specified description in so taking and dealing with the sample,

that the container into which the sample was placed was sealed, and marked or labelled, in a specified manner,

For the purposes of any disciplinary procedure involving an alcohol contravention, a certificate purporting to be signed by an authorised person and certifying any one or more of the following matters—

that the authorised person received a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person and taken in accordance with Division 2 of Part 4A of the Act and this Part,

that the authorised person arranged for the portion to be submitted for analysis by a government analyst to determine whether the sample indicated that the blood of the juvenile justice officer by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the blood of the officer,

that the container into which the sample was placed was sealed, and marked or labelled, in a specified manner,

For the purposes of any disciplinary procedure involving an alcohol contravention, a certificate purporting to be signed by a government analyst and certifying any one or more of the following matters—

that the analyst received, on a specified day, a portion of a sample of a specified person’s blood or a non-invasive sample provided by or taken from the specified person in a container submitted for analysis under Division 2 of Part 4A of the Act and this Part,

that the container, as received by the analyst, was sealed, and marked or labelled, in a specified manner,

that, on receipt by the analyst of the container, the seal was unbroken,

that the analyst carried out an analysis of the portion to determine whether the sample indicated that the blood of the juvenile justice officer by whom the sample was provided or from whom the sample was taken contained alcohol, and if so, the concentration of alcohol in the blood of the officer,

that the concentration of alcohol in the blood of the officer determined pursuant to the analysis and expressed in grammes of alcohol in 100 millilitres of blood was present in that sample,

that the analyst was, at the time of the analysis, a government analyst,

A certificate under subclause (3) is prima facie evidence—

of the particulars certified in and by the certificate, and

that the sample was a portion of the sample of the blood of that specified person or a non-invasive sample provided by or taken from the specified person, and

that the portion had not been tampered with before it was received by the analyst.

For the purposes of any disciplinary procedure involving an alcohol contravention, evidence may be given of the concentration of alcohol present in the blood or other biological material of the officer, as determined by an analysis under Division 2 of Part 4A of the Act of a portion of a sample of the officer’s blood or a non-invasive sample provided by or taken from the officer, as the case may be.

The concentration of alcohol so determined is taken to be the concentration of alcohol in the blood of the juvenile justice officer at the time the officer presented for duty if that sample of blood or non-invasive sample was taken within 3 hours after that time, unless the officer proves that the concentration of alcohol in the officer’s blood at that time was less than 0.02 grammes of alcohol in 100 millilitres of blood.

The concentration of alcohol so determined is taken to be the concentration of alcohol in the blood of the juvenile justice officer while the officer was on duty if that sample of blood or non-invasive sample was taken—

while the officer was on duty, or

within 3 hours after the officer ceased to be on duty,