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Obstruct or hinder getting a sample

Information about the offence of hindering an authorised person who is trying to take blood or get a urine sample.

It is an offence to hinder or obstruct an authorised person from attempting to take a sample of blood or get a sample of urine.

An authorised person is a:

  • medical practitioner
  • approved health professional.

It is also an offence to hinder or obstruct medical practitioner from taking a blood sample of person who attends a place for treatment or examination following a motor vehicle accident.

What is hindering?

'Hinder' and 'obstruct' are not defined in the Road Safety Act 1986. These terms have been discussed in relevant cases. In Plunkett v Kroemer [1934] SASR 124 at 127 (as cited in Motor & Traffic Law Victoria) it was held that 'hinder' was any obstruction or interference which makes it substantially more difficult for the registered medical practitioner to take a blood sample.

Whether a particular action is hindering or obstructing is a question of fact to be determined by the circumstances.

See Motor & Traffic Law Victoria at [5660.115] in Part 5—Offences involving alcohol or other drugs [5600](opens in a new window).

Penalty

The maximum penalty for these offences is 12 penalty units.

See s. 55B(3)—Road Safety Act 1986 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 55B(3)—obstruct or hinder offence and penalty for obstructing blood or urine sampling
  • s. 55E(16)—offence and penalty for hinder blood test taken following saliva test
  • s. 56(7)—offence and penalty for hindering following an accident and penalty

See Road Safety Act 1986 (Vic)(opens in a new window).

Reference

Motor & traffic law Victoria

Motor & traffic law—Victoria has commentary about obstruction offences:

  • Hinder or obstruct taking of blood and/or urine sample [5657.40]
  • Hinder or obstruct taking of blood sample following accident [5660.115]

Note: To access content type the brackets and number reference into the search box, for example "[5657.40]"

See Motor & traffic law—Victoria Part 5—Offences involving alcohol or other drugs [5600](opens in a new window).

Updated