Introduction
In 1990, the Police Service Administration Act (PSA) (Part 5A - Alcohol and drug tests) became an official part of the QLD criminal law. The legislation relates primarily to health and welfare issues, and disciplinary proceedings. Random breath testing (RBT) was introduced between 1990 and 1996 as a minimisation and prevention strategy. The law allow Queensland Police to conduct random breath and drug testing but does not adequately protect the human rights of the community and the driver. The main objective is to ensure appropriate steps are taken in the interests of the health and welfare of relevant persons.
Critique and Analysis
The purpose of the law is to ensure the appropriate steps are taken in disciplinary proceedings …show more content…
The conduct of random breath testing of the driver of a motor vehicle involves the provision of saliva or blood and supply a breath specimen without the request that is based upon a reasonable suspicion. This overreaching powers would expanse to – an arbitrary interference with their privacy, violating s.12; subjecting persons to have medical treatment without consent – s.10 (2); contrary to s.18, arbitrary detention/arrest of the individual; [ACT Human Rights act]. The test needs to be applied to the human rights of the community and individual drivers by determining whether the involvement is in the public interest. Upon review of the primary sections of the legislation, it is evident that the random breath and/or drug testing in the Police Service Administration Act 1990 does indeed violate the human rights of QLD …show more content…
The introduction of Random Breath and Drug testing is an effective way to catch individual drivers under the influence. However, the RBDT is in breach of human rights, and does not adequately protect the human rights of individual drivers and the community. It is vital that this review addresses the multitude of human rights violations that are in the PSA Act 1990 in order to ensure the protection of the rights of Queensland citizens. This way the use of law enforcement and use of police resources may be used in a more effective and equitable manner that does not infringe on human rights of Queensland
In 1990, the Police Service Administration Act (PSA) (Part 5A - Alcohol and drug tests) became an official part of the QLD criminal law. The legislation relates primarily to health and welfare issues, and disciplinary proceedings. Random breath testing (RBT) was introduced between 1990 and 1996 as a minimisation and prevention strategy. The law allow Queensland Police to conduct random breath and drug testing but does not adequately protect the human rights of the community and the driver. The main objective is to ensure appropriate steps are taken in the interests of the health and welfare of relevant persons.
Critique and Analysis
The purpose of the law is to ensure the appropriate steps are taken in disciplinary proceedings …show more content…
The conduct of random breath testing of the driver of a motor vehicle involves the provision of saliva or blood and supply a breath specimen without the request that is based upon a reasonable suspicion. This overreaching powers would expanse to – an arbitrary interference with their privacy, violating s.12; subjecting persons to have medical treatment without consent – s.10 (2); contrary to s.18, arbitrary detention/arrest of the individual; [ACT Human Rights act]. The test needs to be applied to the human rights of the community and individual drivers by determining whether the involvement is in the public interest. Upon review of the primary sections of the legislation, it is evident that the random breath and/or drug testing in the Police Service Administration Act 1990 does indeed violate the human rights of QLD …show more content…
The introduction of Random Breath and Drug testing is an effective way to catch individual drivers under the influence. However, the RBDT is in breach of human rights, and does not adequately protect the human rights of individual drivers and the community. It is vital that this review addresses the multitude of human rights violations that are in the PSA Act 1990 in order to ensure the protection of the rights of Queensland citizens. This way the use of law enforcement and use of police resources may be used in a more effective and equitable manner that does not infringe on human rights of Queensland