“hair sample means a sample of hair that is—

• “(a) at least 20 mm long; and

• “(b) approximately 7 mm thick”.

• “(4) In the case of a corrections prison that is a contract prison, any power, function, or duty of the chief executive described in regulations 59(2) and (3), 60 (2) and (3), 61(2) and (3), 157(2) and (3), 180(1) and (2), and 186(3)—

  • “(a) may be exercised by an approved employee to the extent of the approval given by the chief executive; but

  • “(b) must be exercised by the chief executive if there is no approved employee to exercise that power, function, or duty, or the approved employee is absent or unable to exercise that power, function, or duty.

• “(5) In subclause (4), an approved employee means a person who—

  • “(a) is employed by a contractor but not as a staff member of any prison; and

  • “(b) has been given written approval by the chief executive to exercise any power, function, or duty of the chief executive in respect of 1 or more of the regulations referred to in subclause (4).”

• “(2A) Without limiting subclause (1), a medical officer of a contract prison must, if a contractor requires or the medical officer considers it necessary in the circumstances, advise the contractor of the equipment, supplies, facilities, and personnel required—

  • “(a) to equip and operate the health centre adequately; and

  • “(b) to provide for the health needs of prisoners adequately.”

• “(2) A contractor must ensure that each contract prison that he or she manages has in place a system by which private visitors may—

  • “(a) apply for the contractor's approval as an approved visitor to a prisoner; and

  • “(b) be allowed to visit the prisoner or obtain the contractor's approval before the day of the visit.”

• “(ii) to have the sample independently analysed and the prisoner has been given—

  • “(A) 14 days after the close of the day on which the 48 hours expires to pay for and dispatch the sample for independent analysis; and

  • “(B) 21 days after the close of the day on which the 48 hours expires to produce the result of the independent analysis; and”.

“Procedure for drug and alcohol testing: Hair samples

“143A Hair samples may be required

• “(1) The taking of hair samples is a procedure to which a prisoner may be required to submit, under section 124 of the Act, for the purpose of detecting whether the prisoner has used drugs, or consumed alcohol, or both.

  “(2) Regulations 143B to 143M apply to the taking, collection, handling, analysis, and evidential use of hair samples required to be provided under section 124 of the Act.

“143B When hair samples may be taken

• An officer may require hair samples to be taken from a prisoner only if—

  • “(a) the prisoner is required under section 124 of the Act to provide a urine sample and fails to provide the sample because of a reasonable excuse; or

  • “(b) the prisoner is required under section 124 of the Act to provide a urine sample and the prison manager believes, on reasonable grounds, that the sample provided is dilute, tainted, or otherwise contaminated; or

  • “(c) the prisoner is required under section 124 of the Act to provide a urine sample and the prison manager believes, on reasonable grounds, that the prisoner has committed an offence against section 129(b) of the Act by refusing to provide the sample, or failing, without reasonable excuse, to provide the sample; or

  • “(d) the prison manager believes, on reasonable grounds, that the prisoner has committed an offence against section 129(c) of the Act by tampering with a urine sample required to be provided (whether by that prisoner or any other prisoner) under section 124 of the Act.

“143C Hair samples to be taken at reasonable time

• The taking of hair samples from a prisoner detained in any prison must be done only at a reasonable time unless the manager, or any other staff member authorised for the purpose by the manager, believes, on reasonable grounds, that the prisoner has committed an offence against section 129 or 130 of the Act.

“143D Identifying prisoners

• A designated collection officer who is required to take hair samples from a prisoner must, after the prisoner is taken to the designated sample collection area,—

  • “(a) positively identify the prisoner, either—

    • “(i) through personal knowledge of the prisoner; or

    • “(ii) by an identification photograph; and

  • “(b) verify the prisoner's PRN or driver's licence number.

“143E Information to be given to prisoner before hair samples taken

• Before taking hair samples from a prisoner, the designated collection officer who is required to take the samples must—

  • “(a) inform the prisoner verbally of the information contained in form 1A of Schedule 8; and

  • “(b) ask the prisoner to sign that form; and

  • “(c) give a copy of that form to the prisoner.

“143F Taking of hair samples

• “(1) The designated collection officer must, subject to subclause (2), take 2 samples of hair from the prisoner's head.

  “(2) If it is not possible to take 2 samples from the prisoner's head,—

  • “(a) the designated collection officer must take 2 samples of hair from another part of the prisoner's body; and

  • “(b) both samples must be taken from the same part of the prisoner's body.

  “(3) The designated collection officer must take the hair samples by using the cutting instrument provided in the collection kit to cut the hair from the prisoner's head or, if the case requires, from another part of the prisoner's body.

  “(4) The taking of hair samples from a prisoner detained at a prison must be done under the supervision, and in the direct view, of an officer or another designated collection officer.

  “(5) If hair samples are not to be taken from the prisoner's head,—

  • “(a) the samples must be taken by a designated collection officer of the same sex as the prisoner; and

  • “(b) the officer or designated collection officer supervising the taking of the samples must be of the same sex as the prisoner; and

  • “(c) the samples must be taken in a manner that affords the greatest degree of privacy and dignity consistent with the purpose of taking the samples.

  “(6) The designated collection officer must take hair samples from the prisoner with decency and sensitivity.

  “(7) Subclause (5) does not prevent the presence, when the hair samples are or are to be taken, of any number of additional officers (whether designated collection officers or not) if the manager of a prison believes, on reasonable grounds, that they are needed for the proper supervision and management of the prisoner.

“143G Hair sample collection kit

• “(1) A designated collection officer who is required to take hair samples from a prisoner must ensure that he or she uses a hair sample collection kit provided by a specified laboratory.

  “(2) Only 1 hair sample collection kit may be in the area designated by the manager for the purpose of hair sample collection at any one time.

  “(3) The designated collection officer must check that the collection kit contains the following items:

  • “(a) 2 sample envelopes:

  • “(b) 2 hair sample transport devices:

  • “(c) 2 tamper-proof sample envelope security labels:

  • “(d) a plastic specimen bag:

  • “(e) a disposable cutting instrument for taking the hair samples:

  • “(f) a collection kit shipping seal.

  “(4) If a collection kit does not contain all the items listed in subclause (3), it may not be used.

“143H Inspection of equipment by prisoner

• A designated collection officer who is required to take hair samples from a prisoner must, before taking the hair samples, show the hair sample collection kit to the prisoner in a manner that enables the prisoner to verify that the collection kit contains only the items listed in regulation 143G(3).

“143I Procedure immediately after hair samples taken

• “(1) Immediately after hair samples are taken from a prisoner, a designated collection officer must, in the presence of the prisoner,—

  • “(a) secure each hair sample into a separate hair sample transport device; and

  • “(b) place each hair sample transport device into a separate sample envelope; and

  • “(c) seal each sample envelope; and

  • “(d) write on each sample envelope the prisoner's PRN (or other identifying information as recorded on Part A of form 2A of Schedule 8) and the name of the designated collection officer who took the sample or the person who supervised that officer taking the sample; and

  • “(e) allow each sample envelope to be initialled by the prisoner from whom the samples were taken (if the prisoner wishes to do so).

  “(2) Immediately after the samples have been labelled, a designated collection officer must—

  • “(a) complete Part A of form 2A of Schedule 8, in the presence of the prisoner; and

  • “(b) give the prisoner an opportunity to sign it; and

  • “(c) place the laboratory copy of the form into the specimen bag; and

  • “(d) give a copy of the form to the prisoner; and

  • “(e) place the 2 sealed and labelled envelopes into the specimen bag; and

  • “(f) seal the specimen bag with the shipping seal provided in the hair sample collection kit; and

  • “(g) place the specimen bag in secure storage designated for storing hair samples.

  “(3) A specimen bag that is placed in secure storage under subclause (2)(g) must remain there until it is collected for transportation to a specified laboratory.

“143J Chain of evidence for hair samples

• “(1) The manager of a prison must ensure that a specimen bag containing hair samples is delivered to a specified laboratory reasonably promptly after the procedure set out in regulation 143I has been completed.

  “(2) An officer who removes a specimen bag from secure storage and places it in a secure courier bag must sign form 3 of Schedule 8 and state on that form—

  • “(a) the number of the specimen bag; and

  • “(b) the date and time that the specimen bag was removed from secure storage; and

  • “(c) the time that the courier bag was locked.

  “(3) If the officer locking the secure courier bag is not the officer referred to in subclause (2), the officer locking the bag must also sign the form.

  “(4) A person who collects a specimen bag from a prison for transportation to a specified laboratory must sign the form and state—

  • “(a) his or her name; and

  • “(b) the date and time of the collection of the specimen bag.

“143K Certificate showing result of analysis

• After analysis of hair samples delivered in a specimen bag to a specified laboratory under regulation 143J, an analyst from that laboratory must complete and send to the manager of the prison concerned a certificate showing the result of the analysis.

“143L Copy of certificate containing result of sample analysis to be given to prisoner and others

• On receipt of the certificate referred to in regulation 143K, the manager of a prison must ensure that—

  • “(a) copies are given—

    • “(i) to the prisoner from whom the hair samples were taken; and

    • “(ii) if the result is positive, to a medical officer, or a staff member who is a nurse, for the purpose set out in regulation 143M(e); and

  • “(b) a copy is placed on the prisoner's prison record.

“143M Requirements before result of sample analysis can be used in proceedings

• The result of the analysis of a hair sample may only be used as evidence in any disciplinary hearing if—

  • “(a) the appropriate chain of evidence forms have been completed; and

  • “(b) an analyst from the specified laboratory that analysed the sample has certified in writing that—

    • “(i) the result was positive; or

    • “(ii) there is evidence that the sample has been tampered with or contaminated in any way; and

  • “(c) after receiving a copy of the analyst's certificate and before the commencement of the hearing, the prisoner has been—

    • “(i) advised of the right to have the sample independently analysed at the prisoner's own expense; and

    • “(ii) given 48 hours to elect to have the sample independently analysed; and

  • “(d) within that 48 hours the prisoner has elected—

    • “(i) not to have that sample independently analysed; or

    • “(ii) to have the sample independently analysed and the prisoner has been given—

      • “(A) 14 days after the close of the day on which the 48 hours expires to pay for and dispatch the sample for independent analysis; and

      • “(B) 21 days after the close of the day on which the 48 hours expires to produce the result of the independent analysis; and

  • “(e) a medical officer, or a staff member who is a nurse, has certified, in writing, that any drug found in the prisoner's sample was not, to the best of his or her knowledge, administered to the prisoner in accordance with instructions from a health service provider or a medical officer.”

“179A Young and adult prisoners not to be transported in same vehicle compartment

• A prisoner, including any accused prisoner, under the age of 18 years must not be transported in a vehicle compartment in which there is a prisoner who is 18 years old or older.”

• “(3) This regulation is subject to regulation 179A.”

• “(17A) You will have 14 days (after the close of the day on which the 48 hours expires) to arrange and pay for sample B to be tested independently.”