Consequences of an adverse testing outcome — drugs
35 Consequences of an adverse testing outcome — drugs
Subject to subregulation (2), if testing of a selected member returns a confirmed adverse test result for drugs the Commissioner may take one or more of the following actions in relation to that member —
refer the member to the WA Police Health and Welfare Unit for review;
impose managerial interventions in relation to that member;
initiate disciplinary action against that member under the Police Act 1892 section 23;
invoke removal powers in relation to that member under the Police Act 1892 section 8.
If testing of a selected member returns a confirmed adverse test result for drugs and the drug found or ingested is —
a drug set out in the Misuse of Drugs Act 1981 Schedule I or II; or
a Schedule 8 poison or a Schedule 9 poison as those terms are defined in the Medicines and Poisons Act 2014 section 3; or
a specified drug as defined in the Misuse of Drugs Act 1981 section 3(1); or
a masking agent,
the Commissioner will invoke removal powers in relation to that member under the Police Act 1892 section 8.
Subregulation (2) does not apply if the adverse test result for drugs is to —
a masking agent; or
a Schedule 8 poison as defined in the Medicines and Poisons Act 2014,
that has been prescribed to that member by a medical practitioner.
The operation of the Police Force Regulations 1979 regulation 505A is unaffected by any action taken under subregulation (1) of this regulation.
[Regulation 35 amended: Gazette 16 Feb 2018 p. 472‑3.]
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