Changes to the Road Traffic Act 1961 and forensic blood taking by Registered Nurses

27 May 2021

Following consultation with the ANMF (SA Branch), State Parliament has this month passed amendments to the Transport Portfolio Act to allow Registered Nurses to take forensic blood samples within Metropolitan Adelaide for testing purposes.

With the changes to the Road Traffic Act, and related legislations to include Registered Nurses to undertake forensic blood investigations, such amendments will create greater certainty amongst Health Professional regarding authority to take blood, assist SAPOL and authorised officers to facilitate the taking of blood samples in the legislative time frames and reduce the potential for evidentiary problems in prosecution of offences committed under the Act.

Previously only medical practitioners were able to conduct the forensic blood tests. However, this proved to be impractical given that it could sometimes take a medical practitioner hours to attend to a person presenting to an emergency department, whereas now a Registered Nurse can perform the test within the prescribed time frame.

“This is an important step forward in ensuring that blood or drug testing is not flawed due to late sampling,’’ ANMF (SA Branch) CEO/Secretary Adj Associate Professor Elizabeth Dabars AM said.

“We have been advocating on this for a long time as it will facilitate more accurate analyses, often essential to legal outcomes. This will ensure a more just system.’’

The Legal and Statutory Services in the Department for Infrastructure and Transport has informed the Department of Health and Wellbeing. The DH&W will lead the development of relevant materials and an education package in consultation and collaboration with us and these will be available to all employees affected by the changes.