ACT drivers to face drugs tests

[Oz]

The ACT Government says it will introduce random roadside drug testing in August, in line with all other Australian jurisdictions.

 

The Minister for Territory and Municipal Services, John Hargreaves, said the Government would not be seeking to punish drug users for their addiction.

 

"As a Minister, I will do whatever I can to improve road safety but I am not going to be involved in punishing ACT drug users for their addiction. The Government's attitude is clear in relation to that we have adopted a harm minimisation approach to drug users and will stick to that."

 

He said the community needed to have a discussion about testing for driving under the influence of drugs. The community needed to help find the right balance between civil liberties and public safety.

 

"Roadside drug testing is done through saliva, blood or urine. In at least two of those instances you could consider that to be an infringement of a civil liberty, and we need a conversation with the community about whether that's okay for the common good," Mr Hargreaves said.

 

Yesterday Liberal MLA Steve Pratt tabled legislation in the ACT Legislative Assembly that would introduce random roadside drug testing into the ACT.

 

In tabling the Bill, which amends the Road Transport (Alcohol and Drugs) Act 1977, Mr Pratt said the Government had ignored evidence showing a "growing trend of drug-affected driving" since he tabled similar legislation in 2005. Despite promises made by Mr Hargreaves at the time of a working study into the issues, no recommendations had yet been made.

 

But Mr Hargreaves said the Government had wanted to see how random roadside drug testing legislation performed in other jurisdictions before considering similar legislation for the ACT. Also, the scientific evidence was now more certain that similar to alcohol, "the big three drugs" cannabis, ice and ecstasy impaired driving ability for the first four hours.

 

He said the emphasis of Mr Pratt's Bill was on catching drug users, not road safety. The Bill was "sloppy" and Mr Pratt should have conducted a consultation process "before rushing down the track of catching people using drugs".

 

Mr Hargreaves said the Government would be issuing a discussion paper in May about the introduction of random roadside drug testing. The paper would have a consultation period of six to eight weeks. Legislation for random roadside drug testing that incorporated community views would then be tabled in August.

 

The discussion paper would seek community views on such issues as whether legal drugs should be tested for and whether offences should be summary.

 

Also for discussion would be issues relating to the current breathalyser laws, such as whether interlock devices should be applied to the vehicles of repeat offenders.

 

Civil Liberties Australia said it was very pleased the Government was initiating a public debate on an important health issue.

 

A spokesman for the organisation said there was always a danger random testing procedures could become targeted.

 

"We're concerned about its potential misuse. We have to look carefully at the way it's delivered," the spokesman said.

Author: David Curry

Date: 10/04/08

Source: The Canberra Times

Copyright:

[mullray]

Yeah, well, the first guy busted just sued and won a bomb (in a hush hush settlement). These tests are far from perfect so lets clog up the courts big time and all plead not guilty and cite the unreliability of these tests as defense leaving benefit of doubt in the minds of judge or jury. If nothing else we can cost the ozzie tax payer a fortune, set more precedents and undermine the validity of these tests.