Victorian Numbered Acts

CORRECTIONS LEGISLATION FURTHER AMENDMENT ACT 2017 (NO. 64 OF 2017) - SECT 14

    (1)     In section 76A(2) of the Corrections Act 1986 —

        (a)     in paragraph (b), for "urine." substitute "urine; and";

        (b)     after paragraph (b) insert —

    "(c)     if the Secretary so directs, may be conducted or supervised by an officer within the meaning of Part 9.".

    (2)     After section 76A(2) of the Corrections Act 1986 insert —

    "(2A)     The Secretary may give a direction referred to in subsection (2)(c) if the Secretary reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test.

    (2B)     If a test includes the taking of a sample of urine from a prisoner and is to be conducted or supervised by an officer in accordance with a direction referred to in subsection (2)(c), the officer must—

        (a)     if the prisoner identifies as being of a particular gender, be of that gender; or

        (b)     if the prisoner requests that the officer be of a different gender, be of that different gender.

    (2C)     Subsection (2B) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection.".