Publication:Sea Talk Winter 2005/Plain language on prohibited substances

~ Zero Tolerance ~

A message from the Deputy Chief of Navy, Rear Admiral Max Hancock

Since taking the reins as DCN, one of the most common questions I've been asked about Navy's policy on prohibited substances is "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 you will be issued with a termination notice or reduced in rank. It's as simple as that.

Our prohibited substances testing program resumed on June 16 after the introduction of amendments to Part VIIIA of the Defence Act 1903 which reflect the latest and most accurate testing procedures available The legislation allows for implementation of the most up to date testing procedures as they become available as well as including the ongoing variety of prohibited substances introduced into society.

The Prohibited Substances Testing Program (PSTP)aims to maintain a safe and effective workplace by ensuring it is free from prohibited substances.

The use and influence of prohibited substances undermines safety, morale, security, and the public perception of the Navy.

Make no mistake, the illegal use of drugs 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.

Answers to other 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 the Defence Force (CDF) (by legislative instrument) "...to be a prohibited substance or a substance included in a class of substances."In general, prohibited substances fall into one of the following groups or 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);
• THC (Cannabis, Marijuana, Hash Oil, Block Hash);
• Benzodiazepine (Valium, Serepax, Temazepam, Mogadon, Normison); and
• Steroids.

Why are we concerned with the illegal use of drugs? Health and safety of members. Illicit drugs, 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 in evolutions such as seamanship, ammunitioning, live firing practices and flying operations that require the highest levels of concentration and attention. Any substance that may impair 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 The nature of Navy training and operations means we often interact with members of the public. This might be during a night search and rescue operation, during a live firing practice in confined airspace or even when driving a service vehicle on the road. The public's perception of a highly trained and effective Navy may quickly erode and be permanently affected when incidents occur involving theillicit use of prohibited substances by members.

Young adult guidance responsibility Navy has many young adults serving within its ranks and for many, joining the Navy is the first step outside the family environment. Navy has a duty to provide a safe environment where these young adults can continue their development as responsible adults. Freedom from the influences 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 includes the expectation that Navy 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 civil criminal offence by the possession of drugs and, by interacting with criminal elements when obtaining supplies of prohibited substances, they are vulnerable to coercion by those elements.

Security The use of illicit drugs 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.

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 or otherwise rendering duty or in uniform; and Defence civilians as defined in 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) and
• 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 of prohibited substances is a procedure called urinalysis. The whole process must comply with the Australian/New Zealand Standard AS/NZ 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 detailed 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 some over the counter medications, such as 'codeine' and some cough medicines that contain pseudoephedrine 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, it 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 (PST)?

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 privacny 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

Persuant 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 to 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 persuant 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 two and five days. If the test takes places while on deployment the results can take longer because of 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, will be issued a termination 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 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?

All test results, both positive and negative, will be recorded. This will enable statistical reporting to be made as required. All information will be handled in accordance with normal in-confidence procedures.

Where can I get more information?

• Defence Act 1903 (Part VIIIA)Defence (Personnel) Regulations 2002The 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 RAN.
• 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.