The following is a scanned text version of the Police response
modified November 1, 2010
Scanned images of the same letters are available here.
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BELROSE NSW 2085
October, 2010 ourref:
behalf of The Laryngectomee Association
breath testing of Laryngectomees.
raised have been considered and expert advice was received.
to be circulated
to every police officer
copy is attached for your information.
Commissioner's Notice 96/47.
will address your concerns and I am happy to have
2148 Telephone 02 88821299
Facsimile 0288821217 ENet 64299 EFax64217 TTY 9211 3776 (Hearing/Speech
408 613 180
18OO 222 122
Analysis of Laryngectomees
larynx (or Voice box') is an organ in the neck that assists with
speech formation. In some cases, due to disease, cancer, or trauma,
is surgically removed (iaryngectomy). People who have had this
('laryngectomees') no longer breathe through their nose and mouth, rather
created stoma in their neck, and are known colloquially as
It should be readily apparent to police
identify laryngectomees due to their manner
of talking, either by their use of a
or by using a
in their neck.
laryngectomee may experience difficulty providing a
breath test. In addition, it would be practically impossible for such a
undergo a direct
breath test or a
Transport (Safety and Traffic Management) Act 1999
provides some assistance:
a defence to a prosecution for an offence... (refuse/fail breath test)...if
satisfies the court that the defendant was unable on medical grounds,
time the defendant was required to do so, to undergo a breath test.
use discretion and commonsense when dealing with such
drivers, in order to avoid embarrassment
all parties. While not a bar to
prosecution, arrests for failing a breath test would
*not be appropriate in most
cases, nor is taking a blood sample.
person is unable (on apparent medical grounds) to undergo a breath
test and appears intoxicated,
provisions of Section 12 of the above Act (driving under
the influence of alcohol),