Consequences of positive test sample
43 Consequences of positive test sample
If a prisoner gives a positive test sample—
the test result may be considered when assessing the prisoner’s security classification; and
the prisoner may be required to undertake a medical or behavioural treatment program.
Subsection (1) may apply in addition to the prisoner being dealt with for the commission of an offence or a breach of discipline.
When acting under subsection (1), the chief executive must take into account the circumstances of the case and the prisoner’s needs.
A prisoner is taken to have given a positive test sample if the prisoner—
refuses to supply the test sample; or
fails to supply the test sample within a reasonable time, unless the prisoner has a reasonable excuse; orExample of a reasonable excuse—a medical condition preventing the prisoner from supplying the test sample in the time it might reasonably take another prisoner who does not have the medical condition to supply the sample
alters or invalidates, or attempts to alter or invalidate, the results of the test sample; or
tampers, or attempts to tamper, with the test sample.
This Act’s bill:Explanatory memorandum
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