1Citation
These regulations are the Police Force (Member Testing) Regulations 2011.
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Bill homepageThese regulations are the Police Force (Member Testing) Regulations 2011.
These regulations come into operation as follows —
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day after that day.
In these regulations —
analyst means a person certified by the chief executive officer of the Chemistry Centre (WA) as being competent to determine the concentration of alcohol in bodily substances;
approved person means a person approved by the Commissioner under regulation 5;
approved sample collector means a person approved by the Commissioner under regulation 6;
authorised person has the meaning given in the Road Traffic Act 1974 section 65;
confirmed adverse test result for alcohol means analysis of a sample of breath carried out using breath analysing equipment showing the concentration of alcohol in a person’s blood to be 0.02 g of alcohol per 100 ml of blood or more;
confirmed adverse test result for drugs means analysis of a sample of oral fluid, urine, blood or hair carried out by a drugs analyst showing evidence of the presence, or of ingestion, of a drug;
critical incident means —
the death, or serious injury, of a person, when the death or injury is connected to, or arising from, the application of force by a member; or
the death, or serious injury, of a person when the death or injury is connected to, or arising from, the exercise of authority by a member; or
the death, or serious injury, of a person when the death or injury is connected to, or arising from, the driving of a police vehicle by a member; or
the death, or serious injury, of a person when the person is in the custody of a member; or
the discharge of a firearm by a member, whether or not injury is caused,
when that member is acting in his or her capacity as a member;
drug includes a substance declared to be a targeted drug;
drugs analyst means a person certified by the chief executive officer of the Chemistry Centre (WA) as being competent to ascertain whether, and to what extent, drugs are present in bodily substances;
masking agent means a substance declared to fall within this definition under regulation 11;
medical practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
member has the meaning given in the Police Act 1892 section 33K, so as to include commissioned officers, non‑commissioned officers, constables (including probationary police constables), Aboriginal police liaison officers and police auxiliary officers;
nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession;
nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose registration under that Law is endorsed as nurse practitioner;
phlebotomist means the holder of a current certificate of competency in phlebotomy, issued by an Australian public hospital or teaching facility;
Police Gazette means the publication published pursuant to the Police Force Regulations 1979 regulation 307;
presumptive positive test result for alcohol means the result of a preliminary test of a sample of breath that shows that the concentration of alcohol in a person’s blood is likely to be 0.02 g of alcohol per 100 ml of blood or more;
presumptive positive test result for drugs means a preliminary analysis of a sample of oral fluid, urine, blood or hair that shows an indication of the presence, or of ingestion, of a drug;
selected member means a member who is required to undergo an alcohol or drug test, or both, under these regulations;
targeted drug includes —
a drug to which the Misuse of Drugs Act 1981 applies; and
a Schedule 2 poison as defined in the Medicines and Poisons Act 2014 section 3; and
a Schedule 3 poison as defined in the Medicines and Poisons Act 2014 section 3; and
a Schedule 4 poison as defined in the Medicines and Poisons Act 2014 section 3; and
a drug or substance declared to fall within this definition under regulation 10.
In these regulations, the following terms have the meanings given to them in the Road Traffic Act 1974 section 65 —
breath analysing equipment;
preliminary test.
[Regulation 3 amended: Gazette 16 Feb 2018 p. 472; 17 Aug 2018 p. 2898; 13 Nov 2018 p. 4436; SL 2021/99 r. 4.]
Subject to subregulation (2), the processes of alcohol or drug testing set out in these regulations are to be carried out on a member.
The processes of alcohol or drug testing set out in these regulations cannot be carried out on a member unless that member is on duty or is recalled to duty for that purpose.
The processes of alcohol or drug testing set out in these regulations should be carried out in a manner that respects a member’s dignity and privacy to the extent possible without compromising the integrity of the testing process.
The Commissioner may specify that some or all of the following are to be approved persons for the purposes of all, or parts, of these regulations —
a police officer who has attained a particular rank or above, or is acting at that rank or above;
a particular class of police officers;
a police officer appointed to, or acting in, a particular position.
In addition to police officers appointed under subregulation (1), the Commissioner may specify that a particular person is to be an approved person for the purposes of all, or parts, of these regulations if the Commissioner is satisfied that it is necessary for that person to be appointed as an approved person.
The details of police officers specified under subregulation (1), and any person specified under subregulation (2), are to be published, for the information of members, in the Police Gazette.
In this regulation —
sample type means any of the following types of sample —
a breath sample;
an oral fluid sample;
a urine sample;
a hair sample.
The Commissioner may specify that a person who has been trained to collect a sample type is to be an approved sample collector in relation to the sample type for the purposes of conducting an alcohol or drug test under these regulations.
A person has been trained to collect a sample type if the person has been trained to collect the sample type in accordance with any relevant standards and protocols approved under regulation 12(1).
The names of persons specified under subregulation (1) are to be published, for the information of members, in the Police Gazette.
[Regulation 6 amended: Gazette 17 Aug 2018 p. 2899.]
The Commissioner may delegate the Commissioner’s power under regulation 6(1) to a police officer who holds or is acting in the office of —
Deputy Commissioner of Police; or
Assistant Commissioner of Police.
The delegation must be in writing signed by the Commissioner.
A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
[Regulation 6A inserted: SL 2026/34 r. 4.]
An approved person may require a selected member or a number of selected members working within, or visiting, a common work area to submit to an alcohol test or a drug test or both.
An approved person may require all members working within a common work area, and any visiting members at the work area at that time, to submit to an alcohol test or a drug test or both.
Targeted testing for alcohol or drugs under these regulations may be carried out if there is credible information, intelligence or suspicion that a selected member may be affected or impaired by alcohol or drugs, whilst on duty.
Targeted testing for drugs under these regulations may be carried out if there is credible information, intelligence or suspicion that a selected member may have taken or ingested targeted drugs at any time.
The Commissioner or an approved person may require a particular selected member or a particular group of selected members working within a common work area to submit to an alcohol test or a drug test or both.
The Commissioner may direct in writing that certain circumstances give rise to compulsory alcohol and drug testing of particular members.
Circumstances under subregulation (1) may include, but are not limited to —
when a member is involved in a critical incident; or
where a member is a participant in a high risk business area within the Force (for example, the TRG); or
when a member is in the process of completing a critical skills competency course for frontline, operational policing; or
where an approved person believes that a test is appropriate for the member’s health and safety, or is prudent to protect the member’s credibility in any future court proceeding; or
when a member has returned a confirmed adverse test result for alcohol or drugs under these regulations.
Mandated testing may be required —
at the time of the circumstance giving rise to its requirement; or
as an on‑going requirement resulting from the circumstance giving rise to its requirement.
The Commissioner may declare a drug or substance to be a targeted drug for the purposes of these regulations.
A declaration under subregulation (1) is not effective unless published by the Commissioner in the Police Gazette, and a declaration may be amended or revoked by the Commissioner in a similar manner.
The Commissioner may declare a substance to be a masking agent for the purposes of these regulations.
A declaration under subregulation (1) is not effective unless published by the Commissioner in the Police Gazette, and a declaration may be amended or revoked by the Commissioner in a similar manner.
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