Reviewing or disputing the drug test failure and sanction

A client has the right to dispute or review any decision they disagree with relating to:

• an obligations failure or
• a sanction being imposed

A client can do this by:

• disputing the decision or
• lodging a formal Review of Decision

A Review of Decision can be lodged at any stage within 3 months of the obligations failure being initiated, or within 3 months of the sanction being imposed.

If a client disputes their obligations failure or sanction more than 20 working days after it is initiated or imposed, you need to advise the client to lodge a formal Review of Decision in writing.

A client can only lodge an appeal to the Medical Appeal board for a decision relating to a drug test failure when a decision was made that they:

• did not have a good and sufficient reason for failing a drug test obligation and
• the reason given for the failure was that the client was either
  • addicted to controlled drugs or
  • dependent on controlled drugs

A client is not required to dispute a decision before lodging a review of decision or appealing to the Medical Appeal Board (drug test failure only).

For more information see:

• The disputes process
• Recording decisions on a dispute
• Core policy Reviews and Appeals