Children (Detention Centres) Regulation 2015

For the purposes of any disciplinary procedure involving a prohibited drug 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 juvenile justice officer’s blood or was provided with or took a non-invasive sample from the officer in accordance with Division 2 of Part 4A of the Act and this Part on the day and at the time stated in the certificate,

that the practitioner or nurse dealt with the sample in accordance with clause 116 or 117,

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

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

that the person dealt with the sample in accordance with clause 117,

For the purposes of any disciplinary procedure involving a prohibited drug 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 a 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 any prohibited drug was present in the sample,

that a specified prohibited drug ascertained pursuant to the analysis was present in that portion,

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 portion was a portion of the sample of that specified person’s blood or a non-invasive sample provided by, or taken from, that 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 a prohibited drug contravention, evidence may be given of the presence of a prohibited drug in the blood or other biological material of the juvenile justice officer, as determined pursuant to an analysis under Division 2 of Part 4A of the Act of a portion of a sample of the person’s blood or a non-invasive sample provided by or taken from the officer.

The prohibited drug the presence of which is so determined, is taken to have been present in the blood or other biological material of the juvenile justice officer when the officer presented for duty, if the sample was taken or provided within 24 hours of the time the officer last presented for duty, unless the officer proves the absence, at that time, of the drug.

The prohibited drug the presence of which is so determined, is taken to have been present in the blood or other biological material of the juvenile justice officer while the officer was on duty if the sample was taken or provided within 24 hours of the later of—

the time the officer last was involved in an incident referred to in section 37J (3) of the Act (if such an incident occurred), or

the officer last ceased to be on duty,