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Features-Centrespread
Testing times
Prohibited substance use in the Navy is unacceptable.
Here we answer all the hard questions.
What
are prohibited substances?
Prohibited substances are ‘narcotic substances’ as defined in
the Customs Act 1901, or any other substance determined by the
Chief of Defence Force (CDF) (by legislative instrument) “ ...to
be a prohibited substance or substance included in a class of
substances.” In general, prohibited substances fall into one of
the following groups families of drugs and may include the use
of any drug which is inconsistent with or unrelated to its designated
use and may include the inappropriate use of controlled drugs
or abuse of prescription medication.
- Cocaine
(Cocaine, Coke, Crack);
- Methylamphetamine
(Speed, MDMA, LSD, Ecstasy, Ketamine (Special ‘K’);
- Opiates
(Heroin, Morphine);
- Tetrahydrocannabinol
[(THC) Cannabis, Marijuana, Hash Oil, Block Hash];
- Benzodiazepine
(Valium, Serepax, Temazepam, Mogadon, Normison); and
- Steroids.
Why are we concerned with the use of prohibited substances?
Health and Safety of Members. Prohibited substances, or prescription
medication not used in accordance with a doctor’s instructions,
have the potential to adversely affect the health and safety of
our members.
Members are often involved evolutions such as seamanship, ammunitioning,
live firing practices and flying operations that require the highest
levels of concentration and attention.
Any substance that impairs a person’s judgement has the potential
to create dangerous situations that may ultimately result in injuries
to the member or his/her workmates.
Potential for Public Danger
Due to the nature of Navy training and operations we often interact
with members of the public.
This might be during a night search and rescue operation, during
a live firing practice in a confined airspace or even when driving
a service vehicle on the road.
The public’s perception of a highly trained and professional Navy
may quickly erode and be permanently affected when incidents occur
involving the use of prohibited substances by members.
Young Adult Guidance and Responsibility
Navy has many young adults serving within its ranks and for many,
joining the Navy is the first step outside of the family environment.
Navy has a duty to provide a safe environment where these young
adults can continue their development into responsible adults.
Freedom from the influence of prohibited substances is implicit
in this responsibility.
Public Accountability
The public holds the Navy to a higher standard of behaviour than
the community at large.
This higher standard of behaviour includes the expectation that
members will not use prohibited substances.
Criminal Influence
Prohibited substance use by personnel is an entry portal for criminal
behaviour into Navy. Users are committing a criminal offence by
the possession of illegal drugs and interaction with criminal
elements.
When obtaining supplies of prohibited substances, they are vulnerable
to coercion by those elements.
Security
The use of prohibited substances makes a member vulnerable to
approaches by foreign intelligence services or unscrupulous commercial
organisations and thus poses a risk for the security of information
classified in the national interest, commercial-in-confidence,
or otherwise protected by law.
There is a duty of care owed both to the nation and individuals
(including other members) to discourage this behaviour.
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Deterrence
The ADF Prohibited Substance Testing Program (PSTP) is designed
to deter members from all involvement in prohibited substances
and highlight to members that the use of prohibited substances
is strictly prohibited.
Those members who continue to use prohibited substances or who
later choose to start using prohibited substances should be under
no illusion their actions may potentially end any future career
prospects they may have.
Who can be tested? Under Part VIIIA of the Defence Act 1903,
there are no restrictions on where or why Defence personnel can
be tested.
Testing can occur at any time for members of the ADF; Reserve
members on Continuous Full Time Service (CFTS) or otherwise rendering
duty or in uniform; and Defence civilians as defined by the Defence
Force Discipline Act (DFDA), (collectively known as Defence personnel).
Foreign Service personnel may only be tested on request by the
parent Service under special arrangements.
When can I be tested?
- Permanent
members - any time; covered above.
-
Reserve members - when on duty; covered above.
- You
can be tested when deployed overseas.
How do I get selected for testing?
Initiation of a testing program is in accordance with single Service
supplements and may be, but is not limited to, these circumstances:
a. requested at CO/OC or other command discretion;
b. Service need, which includes periodic testing imposed as a
condition of retention, and annual testing for test staff;
c. requested re-testing for individuals who previously returned
inconclusive results; and
d. as a result of an accident or critical incident.
How is prohibited substance testing done? For prohibited substances
other than alcohol, the collection of a urine sample and the subsequent
analysis for prohibited substances is a procedure called urinalysis.
The whole process must comply with the Australian/New Zealand
Standard AS/NZS 4308:2001 “Procedures for the collection, detection
and quantitation of drugs of abuse in urine”.
Details of the Urinalysis Test Procedures to be utilised by Defence
are outlined in detail at Annex G to DI(G) PERS 15-5 Testing for
Prohibited Substances in the Australian Defence Force.
Will the prescription medication I am taking be detected in
the test?
Some prescription and over the counter medications, such as ‘codeine’
and some cough medicines that contain pseudoephedrines such as
Demazin and Dimetapp, will be detected by the test.
Common drugs such as paracetamol headache tablets, contraceptives
and anti-inflammatory medications will generally not be detected.
While there is no compulsion to do so, is always better to declare
any medications you are taking to the testing team when you are
tested to save any confusion.
What rights does the member have during the Prohibited Substance
Screening Test (PSST)?
The PST must be conducted in circumstances affording reasonable
privacy to the person being tested and only in the presence of
persons whose presence is necessary for the purpose of conducting
the PST.
A member selected for testing has the right to privacy while producing
the urine sample (nobody will watch the sample being provided)
and the right to privacy of information relating to the test results.
In keeping with the Privacy Act 1988, all documents raised following
a PST are to be marked staff-in-confidence when completed. Unauthorised
disclosure of PST results may result in disciplinary and/or administrative
action.
Members also have the right not to inform testing staff about
any prescription medication they may be taking for a legitimate
reason.
What if a member refuses the test?
Defence Personnel directed to provide a sample by an authorised
person must comply with the authorised person’s lawful directions
and requests in relation to the conduct of the test.
Refusal to provide sample Pursuant to DI(G) PERS 15-5 Testing
for Prohibited Substances in the Australian Defence Force Defence
personnel cannot be physically forced to provide the required
sample.
Details of any Defence personnel who refuse provide a sample on
request are to be passed to the CO/OC for consideration of appropriate
action, which may include prosecution for refusing or failing
to provide a sample (maximum penalty is six months imprisonment),
the issue with a termination notice or reduction notice pursuant
to the Defence (Personnel) Regulations 2002 or a notice to show
cause for some other administrative sanction in accordance with
DI(G) PERS 35-6 Formal Warnings and Censures.
How long until the results are known?
The time taken to get the results will vary depending on where
the test took place.
If the test took place in a shore establishment this will generally
take between 2 and 5 days.
If the test takes places while on deployment the results can take
longer due to the time taken to get the samples to a laboratory
in Australia.
What happens if the laboratory test is positive?
All outcomes from the PSTP are administrative in nature. All members
who return a ‘positive’ laboratory test indicating use of prohibited
substances, may be issued a termination notice or a reduction
notice in accordance with the Defence Act 1903.
Disciplinary action will not be taken against any member as a
result of any positive prohibited substance test under the PSTP.
However, any information subsequently discovered during the administrative
process that indicates a civil offence (or an additional Service
offence) may have been committed will be reported to the Service
Police.
Members who test positive will also be referred to an Alcohol
and Drug Program Advisor (ADPA) and an Alcohol and Drug Program
Co-ordinator (ADPC) for assessment and exploration of treatment
options in accordance with DI(N)PERS 13-1 Illegal use of drugs
and drug education in the Royal Australian Navy.
What sort of information will be kept?
test results, both positive and negative, will be recorded.
This will enable statistical reporting to be made as required.
All information will be handled accordance with normal staff-in-confidence
procedures.
Where can I get more information?
-
Defence Act 1903 (Part VIIIA)
-
Defence (Personnel) Regulations 2002.
The following policy documents can provide you with further information:
- DI(G)
PERS 15-5 – Testing for Prohibited Substances in the Australian
Defence Force under Part - VIIIA of the Defence ACT 1903.
-
DI(N) PERS 13-1 – Illegal Use of Drugs and Drug Education in the
Royal Australian Navy.
-
DI(G) PERS 15-2 – Involvement by Members of the Australian Defence
Force with Illegal Drugs.
-
DI(G) PERS 35-6 – Formal Warnings and Censures.
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A
message from DCN
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Since
taking the reins as DCN, one of the most common questions I’ve
been asked about is Navy’s policy on prohibited substances,
namely “What does zero tolerance mean?”
Zero tolerance means that if you test positive for prohibited
substance use, then barring any exculpatory or extenuating circumstances,
it is likely that you will be issued with a termination notice
or reduced in rank. It is as simple as that.
Our prohibited substances testing program will resume testing
following the introduction of amendments to Part VIIIA of the
Defence Act 1903, which reflects the latest and most accurate
testing procedures currently available.
The legislation allows for implementing the most up to date
testing procedures, as they become available, as well as including
the ongoing variety of prohibited substances as introduced into
society.
The Prohibited Substances Testing Program (PSTP) aims to maintain
a safe and effective workplace by ensuring it is free of prohibited
substances. The use and infl uence of prohibited substances
undermines safety, morale, security, and the public perception
of the Navy.
Make no mistake, the use of prohibited substances is unacceptable.
The key here is to think before you act. Involvement with prohibited
substances could potentially end your career and may also have
long term effects on your future employment. |
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