Drug test obligation failures - Good and sufficient reasons
Before you initiate an obligations failure you need to be satisfied that the partner 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 partner:
- 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 partner to drug tested jobs. If you decide that, due to one of these situations, it is not appropriate to refer a partner to further drug tested jobs you must add a drug test obligations deferral.
For more information see:
- Drug Test - Referral Delay [no link find out why] process
Partner provides a good and sufficient reason
The first time a partner fails the drug test requirements and provides a good and sufficient reason, you should:
- accept that the partner 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:
- Drug test job referral not suitable
- 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
- Reviewing or disputing the drug test failure and sanction
- Recompliance for drug test obligation failures
Legislation
- Obligation to undertake and pass drug test section 147 Social Security Act 2018
- Good and sufficient reason for failure to comply with drug-testing obligation section 250 Social Security Act 2018
- Good and sufficient reason for specified failures to comply: ground specified regulation 85 Social Security Regulations 2018
- Good and sufficient reason for failure to comply with drug-testing obligation regulation 164 Social Security Regulations 2018
