TI-O-155 Appointment of Officers under S43(5) of the Drug Misuse and Trafficking Act 1985

Policy Number TI-O-155   Effective Date 30 Sep 2014  Review Date 19 August 2019

Policy Statement

This policy outlines the necessary criteria for the Secretary, Department of Trade and Investment, Regional Infrastructure and Services (DTIRIS) to appoint suitably qualified persons to give a certificate in relation to the identification of cannabis plant under section 43(5) of the Drug Misuse and Trafficking Act 1985 (the Act) for the purposes of section 43 of the Act.

Scope

This operational policy applies to current employees of DTIRIS working within the Department of Primary Industries

Requirements

Appointment under S43 (5) of the Drug Misuse and Trafficking Act 1985 will be limited to people who:

  • are current employees of DITIRIS working in the Department of Primary Industries or are current employees the Local Land Services, and
  • have successfully completed training in cannabis identification with the Royal Botanic Gardens NSW and
  • are willing to carry out cannabis identification services for NSW Police in accordance with procedures.

Procedures

Selection Process

Employees interested in becoming appointed to carry out cannabis identification services should express their interest via email to the Regulatory Compliance Manager. This training is open to all staff within the Department of Primary Industries and the Local Land Services.

Training Component

Training consists of a one day course at the Royal Botanic Gardens in Sydney. Upon successful completion participants will receive a Certificate of Participation. A register of trained staff is held by the Director of Biosecurity Compliance.

Certification Process

Persons who meet the above requirements will be appointed by a briefing note, approved by the Secretary.  A person shall remain appointed until such time they cease employment with the Department of Primary Industries or Local Land Services.

Roles and responsibilities

The Secretary appoints employees of DITIRIS and Local Land Services to identify cannabis under S43 (5) of the Drug Misuse and Trafficking Act 1985 having considered that the person is suitably qualified and meets the requirements outlined above.

Appointed person

  • Issues a certificate in relation to the identification of cannabis plant for the NSW Police under Section 43 of the Act.
  • Department of Primary Industries employees comply with the DITIRIS Code of Conduct  http://intranet.dpi.nsw.gov.au/policies/conduct/code_of_conduct.pdf  and Work Health and Safety (WHS) procedures
  • Local Land Services employees comply with their organisation's code of conduct and WHS procedures.

Safety considerations

This policy will enhance safety and well-being by ensuring that all people performing cannabis identification have access to work health and safety (WHS) procedures, equipment and insurance. The required training will also contain WHS recommendations.

Delegations

  • The Secretary, Department of Trade and Investment, Regional Infrastructure and Services cannot delegate this authority.

Definitions 

Appointed Person A person appointed under subsection (5)
Cannabis Plant Any growing plant of the genus Cannabis
Certificate Drug Misuse and Trafficking Act No. 226 of 1985 Section 43 Certificate of Analysis

Legislation

  • Drug Misuse and Trafficking Act 1985

Related policies

  • Code of Conduct
  • Work Health and Safety Policy and Procedures
  • Conflicts of Interest

Other related documents

  • Workshop Manual Appointed Persons Course Notes and Internal Readings

Superseded documents

Nil:

Revision History

Version Date issued Notes By
1 30/09/2014 New policy to address appointment of officers under S43(5) of the Drug Misuse Trafficking Act 1985 Regulatory Compliance Manager

Review date

19/08/2019

Contact

Regulatory Compliance Manager
Biosecurity Compliance Branch
Phone 6391 3697

Legislation

Any legislation mentioned in this policy can be found on the NSW Legislation website

Policy Contact

For further information regarding this policy please contact:

Darren Butt