Part 1Parole and other release from detention
Release: Drug or alcohol conditions
16EInformation obtained from drug and alcohol testing or monitoring
Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 16B(2)—
- may be used for all or any of the following purposes:
- verifying compliance by the offender with a drug or alcohol condition:
- detecting non-compliance by the offender with a drug or alcohol condition, and providing evidence of that non-compliance:
- verifying that the offender has not tampered or otherwise interfered with a drug or alcohol monitoring device:
- any purpose for which the offender has requested to use the information or consented to its use; and
- verifying compliance by the offender with a drug or alcohol condition:
- must not, except at the request or with the consent of the offender, be used—
- as evidence that the offender committed an offence, other than an offence against section 71, 71A, 107T, or 107TA; or
- for any other purpose not listed in paragraph (a).
- as evidence that the offender committed an offence, other than an offence against section 71, 71A, 107T, or 107TA; or
The Board or a court may, in the absence of evidence that is available to the Board or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
- is accurate; and
- was obtained in the manner required by sections 16B to 16D.
Notes
- Section 16E: inserted, on , by section 7 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).


