Federal Register of Legislation - Australian Government

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CASA EX74/17 Exemptions as made
This instrument exempts doctors and nurses, who conduct drug tests under drug and alcohol management plans (DAMPs) for DAMP organisations, from having to meet certain additional training and other requirements of the Australian Standard for drug testing, provided they meet particular conditions, including alternative training standards. The exemption only applies outside capital cities as defined.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Jun 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017
To be repealed 30 Jun 2020
Repealed by Self Repealing

Instrument number CASA EX74/17

I, JOHN FRANCIS GRIMA, Acting Aviation Group Manager, a delegate of CASA, make this instrument under the Civil Aviation Safety Regulations 1998.

[Signed J. Grima]

John Grima
Acting Aviation Group Manager

28 June 2017

Exemption — DAMP organisations collecting and screening of oral fluid and urine body samples outside capital city areas

1          Duration

                 This instrument:

(a)   commences on 1 July 2017; and

(b)   is repealed at the end of 30 June 2020.

2          Definitions

                 In this instrument:

ASGS means the Australian Statistical Geography Standard Volume 1 – Main Structure and Greater Capital City Areas, published by the Australian Bureau of Statistics, as it exists from time to time.

capable person means a person who:

(a)   before collecting oral fluid or urine body samples; or

(b)   before conducting on-site screening of urine body samples:

does the following:

(c)   affirms in writing to CASA that he or she:

             (i)  has successfully completed training in the collecting or screening mentioned in paragraphs (a) and (b), as the case requires (the training); and

            (ii)  has demonstrable competency in such collecting or screening; and

(d)   includes in the affirmation:

             (i)  the name, address and qualifications of the person who gave the training; and

            (ii)  a description of the training.

collecting agency means an organisation assuming professional, organisational, educational and administrative responsibility for collection, on-site screening, storage and despatch of urine or oral body samples.

collection means on-site collection, storage, handling and, if necessary, despatch, of oral fluid or urine body samples.

course of instruction means a course of instruction, in compliance with the oral fluid standard or the urine standard, that:

(a)   is for specimen collection, on-site screening (urine only), handling, storage and despatch of specimens; and

(b)   results in the issue of a statement of attainment for the course in accordance with the Australian Quality Training Framework or the New Zealand Qualifications Authority.

doctor means a person:

(a)   who is registered as a medical practitioner with the Medical Board of Australia; and

(b)   who has medical duties at a hospital, general practice or pathology practice; and

(c)   whose medical duties at a place mentioned in paragraph (b) include the collection, storage, handling and despatch of biological specimens; and

(d)   who has successfully completed a course of instruction in the oral fluid standard or the urine standard, as the case requires.

Greater Capital City Statistical Area means the geographical area of the following places as depicted by the ASGS:

(a)   Australian Capital Territory;

(b)   Greater Adelaide;

(c)   Greater Brisbane;

(d)   Greater Darwin;

(e)   Greater Hobart;

(f)    Greater Melbourne;

(g)   Greater Perth;

(h)   Greater Sydney.

nurse means a person:

(a)   who is registered as a nurse with the Nursing and Midwifery Board of Australia; and

(b)   who has nursing duties at a hospital, general practice or pathology practice; and

(c)   whose nursing duties at a place mentioned in paragraph (b) include the collection, storage, handling and despatch of biological specimens; and

(d)   who has successfully completed a course of instruction in the oral fluid standard or the urine standard, as the case requires.

on-site means the place at which an oral fluid or urine body sample is collected.

oral fluid standard means the Standards Australia standard AS 4760 Procedures for specimen collection and the detection and quantitation of drugs in oral fluid, mentioned in paragraph (d) of the definition of relevant Standard in subregulation 99.010 (1) of CASR, as the standard exists from time to time.

Note   AS 4760 is a “relevant Standard” within the meaning of that term in subregulation 99.010 (1) of CASR.

screening means testing of a body sample to exclude the presence of testable drugs.

trained collector means a person who has successfully completed a course of instruction in the oral fluid standard or the urine standard, as the case requires.

training, for a capable person, means training by a person who is:

(a)   a doctor or a nurse; or

(b)   a trained collector under the oral fluid standard or the urine standard, as the case requires; or

(c)   another person who has successfully completed formal training, acceptable to CASA, in the collection, on-site screening, storage, handling and despatch of biological specimens.

Note   Formal training acceptable to CASA includes training given by a university, an institute of technology, a technical and further education college or a similar State or Territory institution as part of an accredited training course.

urine standard means the Standards Australia standard AS/NZS 4308 Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine, mentioned in paragraph (d) of the definition of relevant Standard in subregulation 99.010 (1) of CASR, as the standard exists from time to time.

Note   AS/NZS 4308 is a “relevant Standard” within the meaning of that term in subregulation 99.010 (1) of CASR.

4          Application to a DAMP organisation’s DAMP

                 This instrument applies in relation to the collection and screening of a body sample for the purpose of screening under the drug and alcohol management plan (DAMP) of a DAMP organisation if the collection of the body sample occurs outside the Greater Capital City Statistical Area.

5          Exemption — oral fluid or urine sample collection and screening for drugs

        (1)     For regulation 11.160 of CASR, to the extent mentioned in section 6, a DAMP organisation is exempt from the requirement to have a DAMP that includes an alcohol and drug testing program that meets the requirements mentioned in subparagraphs 99.050 (1) (a) (ii) and (iii) of CASR in relation to:

(a)   the collection of body samples for the purpose of screening; and

(b)   screening.

Note   Subparagraphs 99.050 (1) (a) (ii) and (iii) impose requirements for oral fluid testing and urine testing to be in accordance with their respective “relevant Standards”, as defined in subregulation 99.010 (1) of CASR.

        (2)     For regulation 11.205 of CASR, the exemption is subject to the conditions mentioned in section 7.

6          Extent of exemption — collecting agency and course of instruction

                 For subsection 5 (1), the exemption is limited to allow the DAMP organisation to use a trained collector, doctor, nurse or capable person to perform the role or tasks of a collecting agency in accordance with the requirements for the role or tasks expressly or impliedly specified in the oral fluid standard or the urine standard, as the case requires.

7          Conditions

        (1)     A capable person may perform the role or tasks mentioned in section 6 only if a trained collector, a doctor or a nurse is not reasonably available to perform the role or tasks because of the remoteness of the location at which the role or tasks are performed.

        (2)     A trained collector, a doctor, a nurse or a capable person is not permitted to conduct on-site screening of an oral fluid body sample.