Drug test obligation failures - Good and sufficient reasons
Before you initiate an obligations failure you need to be satisfied that the client does not have a good and sufficient reason for failing to meet their drug test work obligations.
There are certain situations that must be considered to be good and sufficient reasons for drug test obligations failures, these situations include where a client:
- is taking controlled prescribed medication
- is diagnosed with a drug addiction or dependence
- is in or awaiting treatment for a drug addiction or dependence or
- has a drug issue identified by the Alcohol Drug Helpline - Work and Income Support Service and is engaging and participating in services and support offered by the 0800 AOD Helpline
Drug tested job referral not suitable
These situations are also to be taken into account when deciding whether it is appropriate to refer a client to drug tested jobs. If you decide that, due to one of these situations, it is not appropriate to refer a client to further drug tested jobs you must add a drug test referral delay.
For more information see:
- Drug Test - Referral Delay [no link find out why]
The first time a client fails their drug test obligation and provides a good and sufficient reason, you should:
- accept that the client has a good and sufficient reason
- add a deferral from drug test obligations for an initial 30 working day period and
- advise the client that if they think they require a deferral from drug test obligations for more than 30 working days, then verification will be required
- there is a Drug test obligations verification form [no link find out why] that you can provide to your client
For more information see:
- Reviewing or disputing the drug test failure
- Taking controlled prescribed medication
- Diagnosed with a drug addiction or dependence
- In or awaiting treatment for a drug addiction or dependence
- Needs help to stop or undiagnosed drug dependence
- Referring a client to job not suitable
- Recompliance for drug test obligation failures
Legislation
- Specific obligations: work-test obligations sections 147-149 Social Security Act 2018
- Drug testing regulations 85-86 Social Security Regulations 2018
- Good and sufficient reason for failure to comply with drug-testing obligation section 250 Social Security Act 2018
