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What Are the Penalties for ‘Drugged Driving’ in Australia?

What Are the Penalties for ‘Drugged Driving’ in Australia? Joe Wilson - Leafly Mobile drug testing, or MDT, is on the rise in Australia. Police in all states and territories can now require drivers to provide a saliva sample to be tested for cannabis and amphetamines. In the country’s most populous state, New South Wales, authorities boast that by 2017 there will be three times the number of tests on the state’s roads. At the same time, a number of “drugged driving” campaigns have drawn criticism and stoked confusion. To help clarify, this article sets out penalties that accompany a positive roadside drug test in various Australian states. Note that all penalties are for first-time offenses. State of Queensland (QLD) Police in Queensland are able to test drivers for cannabis in conjunction with so-called random breath testing (RBT) or as a standalone test. The presence of any cannabis whatsoever in a sample is an offense, carrying a maximum penalty of

Drug tests made mandatory for parents of at-risk kids,

Drug tests made mandatory for parents of at-risk kids, Opposition says policy ignores real issues By Matt Watson   Parents of at-risk children will face mandatory random drug testing under a new policy introduced by the Queensland Government, but the Opposition has said the policy misses the mark. Child Safety Minister Shannon Fentiman said the drug crystal meth, or ice, was putting too many children at risk. She said parents who entered into an intervention with parental agreement (IPA) would be forced to undergo mandatory drug testing. Under the IPAs, parents developed a safety plan with child safety officers, Ms Fentiman said. "This is a zero-tolerance measure that puts the safety of children first and foremost," she said. "If the information suggests there is ice use and the children are unsafe, we will remove the children. "It will be up to the discretion of the child safety officer and it will depend on whether or not there's a his

FWC orders employee to pay the company for fake Drug Test

Toll awarded $18,000 from drug-test faking employee by Victoria Bruce HC Online Logistics giant Toll Holdings has scored a win from the Fair Work Commission as a former employee has been ordered to pay the company $18,000 after falsifying drug test results to support an unfair dismissal claim. The commissioner ordered the former Toll Holdings employee, who was fired in June 2015 after a positive drug test, to pay the company $18,000 in compensation, AFR reported. The employee had tested positive for amphetamine and methamphetamine in his system after a workplace drug test, yet before his dismissal the worker told Toll urine sample tested by a doctor had showed up negative to the drugs. But at subsequent proceedings to hear the worker's unfair dismissal claim, the doctor gave evidence that the test had been "manipulated", and the original test showed the former employee had tested positive.   Read the full article here. Comment: It

DRUGS, ALCOHOL & THE WORKPLACE

Good article by Fay Calderone Partner DIBBSBARKER Fast Fact Alcohol and other drugs cost Australian workplaces an estimated $6bn per year in lost productivity. Recent research has estimated that 2.5 million days are lost annually due to alcohol and other drug use. Persons Conducting Business or Undertaking (PCBUs) have an onerous duty to ensure, so far as is reasonably practicable, the health and safety of workers and others in their workplace under WHS laws. This includes the provision of a safe work environment, information, instruction, training and supervision in relation to WHS that extends to being under the influence of drugs or alcohol at work. Workers also have an obligation under WHS laws to protect their own health safety and that of others in the workplace. As such, showing up to work under the influence may be a breach by the worker of their WHS obligations as it is of the PCBU that failed to prevent it. It is also considered "serious miscond

Drug Driving Advice On Australian Roads

Hazy Drug Driving Advice On Australian Roads                                   HuffPost Australia  |  By Eoin Blackwel Very interesting article by Eoin Blackwell as follows: If you’re a little dazed and confused about Random Drug Testing on Australia's roadsides, it’s probably not just because of what you’re smoking. RDTs are being rolled out across the country at an increasing rate, with as many as 200,000 drivers to be tested in Victoria and 100,000 in NSW by 2017. Prompted by a recent NSW court case, where a Lismore man was acquitted after being pinged nine days after having cannabis , The Huffington Post Australia decided to investigate the state of play in each state. Cannabis is, af

Caught drug-driving nine days after smoking cannabis

Acquittal of man caught drug-driving nine days after smoking cannabis throws NSW drug laws into doubt By the News National Reporting Team's Lorna Knowles and Alison Branley New South Wales's roadside drug testing laws have been thrown into doubt after a magistrate acquitted a man who tested positive for cannabis he had smoked nine days before he was pulled over. Key points: Man waited nine days after smoking cannabis before he got behind the wheel THC was detected in his saliva and he was charged He had earlier been told by police to wait at least a week before driving The Greens say the judgement leaves the drug testing laws in disarray Lismore magistrate David Heilpern yesterday found Joseph Ross Carrall not guilty of driving with an illicit drug in his blood because he mistakenly believed that he would no longer test positive to the drug. Mr Carrall was pulled over for random drug tests in May and June last year. When he was tested in May

Methamphetamine ‘Ice’ and the Workplace

‘Ice’ is crystal methamphetamine, a form of methamphetamine (d-methamphetamine) Why do people take methamphetamine?  Methamphetamine use (including ice) increases levels of serotonin, a neurotransmitter that regulates sleep, mood and appetite. Its use results in feelings of intense euphoria, exhilaration and increased arousal and activity. This can result in the user feeling alert, energised, talkative, happy, confident and powerful. The effect of any drugs, including methamphetamine, can have a significant impact on workplace health, safety, relationships and productivity. Methamphetamine use can impact on the workplace in several ways. ·          Some people may use methamphetamine while at work because they feel it improves their ability to work. For example, shift workers, hospitality staff or long haul drivers may use it to help them stay awake and concentrate for long periods of time. In reality, it affects the way a person sees the world and how they react t