NSW Drug Analysis Powers for Blood Samples Taken from Arrested Persons

Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025

25 Mar 2025: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

Share this bill

Email Facebook X Bluesky

Topics

blood samples drug testing forensic analysis hospital patients road crashes

Introduced by: The Hon John Graham MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Blood samples from arrested persons can be analysed for illegal drugs covered by drug-driving testing (like cannabis/THC, ice, or ecstasy); this applies if the person cannot provide a breath analysis.
Authorised sample takers can now take samples from people admitted to hospital after a crash.
This replaces the requirement for the attending medical practitioner to take the sample.
Analysis certificates remain valid for two years if they met the rules in place before these changes.

News articles and press releases

Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025

The Hon. JOHN GRAHAM, Minister for Transport — 2025-03-25

The bill will achieve a number of things. Firstly, in recognition of the experience of road trauma victims, the bill will replace references to "accident" with "crash" where practicable in the Act. This reflects that serious road trauma has causal factors and is preventable, not simply accidental. Secondly, the bill delivers on key actions in the New South Wales Government 2026 Road Safety Action Plan. It amends transport legislation to enhance and strengthen post-crash drug and alcohol testing after the most serious crashes on New South Wales roads. The bill will ensure that police have powers to systematically collect evidence where a motor vehicle crash results in grievous bodily harm, not just in fatal crashes.