Australian Capital Territory
Corrections Management (Drug Testing) Policy 2011
Notifiable instrument NI2011- 253
made under the  
Corrections Management Act 2007, section 14(1) (Corrections policies and operating procedures) 

1	Name of instrument
This instrument is the Corrections Management (Drug Testing) Policy 2011.
2	Commencement
This instrument commences on the day after it is notified.
3	Policy
I make the

DRUG TESTING POLICY

attached to this instrument, to facilitate the effective and efficient management of correctional services.
4.	Revocation
This instrument revokes notifiable instrument NI2009-165.

Bernadette Mitcherson  
Executive Director 
ACT Corrective Services
11 May 2011

Alexander Maconochie Centre (AMC)

Drug testing Policy 

Purpose       
Authority    
Policy         
Principles   
Types of Drug Testing
Methods of Drug Testing
Positive Samples
Taking a Test Sample
Forms/Templates
Related policies and procedures

Purpose
To outline the drug testing policy.

Authority
Legislation
Corrections Management Act 2007, section 14, Part 9.6, Part 10 and section 221.
Legislation Act 2001.

Policy
Principles
The possession or use of drugs is prohibited.  This includes illicit drugs and medication which was not prescribed to the individual concerned.

Section 152 of the Corrections Management Act 2007 (the Act) states that the following are disciplinary breaches:

(d)    taking (in any way) alcohol or a drug into the detainee’s body;
(e)	  providing a positive test sample for alcohol or a drug when directed, under 
 this [the Corrections Management Act 2007] or the Crimes (Sentence
 Administration) Act 2005, to provide a test sample;
(f)	making, possessing, concealing, knowingly consuming or dealing with a prohibited thing, without the chief executive’s approval; and
(o)	possessing or dealing in things without the chief executive’s approval.

One objective of this testing is to detect breaches of section 152.

Another objective is to measure the use of drugs by prisoners (detainees), both prior to entry to the AMC and after entry.  The purpose of such measurement is to:

•	provide a baseline level of drug usage by individual prisoners before entry to inform drug usage management; and
•	statistically measure ongoing drug usage by the prisoner population after entry to inform the success of demand and supply reduction strategies. 

Section 134 of the Act provides that a prisoner may be directed to provide a test sample.

Section 221 of the Act provides that random testing may be conducted for statistical purposes.

Types of Drug Testing
Drug testing may be undertaken in the following ways:

•	targeted testing;
•	random testing; and
•	admission testing.

Targeted Testing will be used where intelligence suggests that a prisoner may be in breach of s152.  Prisoners subject to targeted testing will be identified by the Intelligence Officer in discussion with senior Custodial staff.  Positive results from such testing will result in disciplinary action.

Random Testing will be undertaken at the discretion of the Superintendent consistent with s221 of the Act.  It may involve the testing of an individual prisoner or a broader group of prisoners, randomly selected.  Positive results from such testing cannot result in disciplinary action.

Admission Testing will be undertaken on all new prisoner admissions to the AMC.  Admission testing will be conducted within 72 hours of a prisoner’s induction to the AMC.  The results of such testing will be used to inform:

•	the understanding of drug usage levels prior to prison entry;
•	the development of rehabilitation programs  and entry to such programs; and
•	whether the results of later testing of individual prisoners has resulted in a decline in the presence of drugs.

Positive results from such testing will not result in disciplinary action.

While all new admissions should be tested, it is understood that a test may not have been possible where a prisoner is released from the AMC within 72 hours of induction.

Methods of Drug Testing
Urinalysis will be the primary means of drug testing within the AMC.

Other methods, such as oral screening, may be used to provide an indicator of the presence of drugs.

Indicative testing will not be used for disciplinary purposes but discipline action may result from subsequent further testing as a result of a positive indicator.

Positive Samples
Under s133 of the Act, a prisoner is taken to have provided a positive sample if:
•	the prisoner fails to provide a test sample in accordance with the direction;
•	the prisoner provides an invalid test sample; or
•	the prisoner provides a sample showing that he/she has taken a drug while in ACTCS custody.

Reasonable excuse for failure to supply
The only grounds on which a prisoner can fail to supply a sample without it being deemed positive is where there is a medical reason why it cannot be provided.  This reason must be supported by medical advice from ACT Corrections Health.

Invalid samples
Under s133 of the Act, a prisoner is taken to have provided an invalid test sample if:
•	the prisoner tampers or attempts to tamper with the test sample; and/ or
•	the prisoner changes or attempts to change the results of the test sample. 

Positive result received from the lab
Prisoners whose urinalysis test results are positive will be subject to disciplinary action pursuant to the Prisoner Discipline Policy and Procedure.

The only exceptions to this are:
•	where the prisoner is prescribed the drug by a medical professional;
•	where the prisoner tests positive to cannabis and has been in custody for less than 31 days; or
•	where the prisoner tests positive to a non-prescribed drug other than cannabis and has been in custody for less than 72 hours.

Taking a Test Sample
Test samples will be conducted in the presence of two Corrections Officers.  One Corrections Officer will be designated as the Collecting Officer and the other will be the Witnessing Officer.  Both Corrections Officers must wear latex gloves.

If the drug testing involves the collection of a urine sample, the officers must be of the same gender as the prisoner being tested.  

All testing must be appropriately recorded.

Forms/Templates
Urine Sample Form
Chain of Custody Form
Pathology Request Form

Related policies and procedures
Discipline Policy
Discipline Procedure
Drug Testing Procedure