Terms used
3 Terms used
In these regulations —
analyst includes —
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; and
a person approved by the chief executive officer under regulation 8;
approved person means a person approved by the chief executive officer under regulation 6;
approved sample collector means a person approved to collect samples of breath, oral fluid and urine under regulation 7;
authorised person, in relation to breath testing and analysis, means a person authorised by the chief executive officer to operate breath analysing equipment;
breath analysing equipment means apparatus of a type approved by the chief executive officer for the purpose of ascertaining a person’s blood alcohol content by analysis of a sample of the person’s breath;
confirmed adverse test result for alcohol means —
for a prison officer or contract prison officer whose duty involves the use of a firearm, or driving a motor vehicle — analysis of a sample of breath carried out using breath analysing equipment showing presence of alcohol in that person’s blood, following a presumptive positive test result for alcohol;
for any other prison officer or contract prison officer — analysis of a sample of breath carried out using breath analysing equipment showing the concentration of alcohol in that person’s blood to be 0.02 g of alcohol per 100 ml of blood or more, following a presumptive positive test result for alcohol;
confirmed adverse test result for drugs means analysis of a sample of oral fluid, urine or blood carried out by a drugs analyst showing evidence of the presence, or of ingestion, of a drug, following a presumptive positive test result for drugs;
contract prison officer means —
a contract worker authorised to perform a function under section 15I of the Act; and
a contract worker with a permit to do high‑level security work issued under section 15P of the Act;
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 prison officer or contract prison officer; 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 prison officer or contract prison officer; or
the death, or serious injury, of a person when the death or injury is connected to, or arising from, the driving of a motor vehicle by a prison officer or contract prison officer; or
the death, or serious injury, of a person when the person is in the custody of a prison officer or contract prison officer; or
the discharge of a firearm by a prison officer or contract prison officer, whether or not injury is caused,
when that prison officer or contract prison officer is acting in their capacity as a prison officer or contract prison officer;
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; or
a person with accreditation from the National Association of Testing Authorities in a field that, in the opinion of the chief executive officer, makes that person competent to ascertain whether, and to what extent, drugs are present in bodily substances;
masking agent includes a substance declared to fall within this definition under regulation 13;
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;
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 or blood that shows an indication of the presence, or of ingestion, of a drug;
selected prison officer means a prison officer or contract prison officer 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 12.
[Regulation 3 amended: Gazette 17 Jan 2017 p. 407; 13 Nov 2018 p. 4434.]
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