Informing a client of the drug test obligation failure
Once MSD has decided that a client has failed a drug test work obligation, MSD must initiate an obligations failure. The client will then be sent a letter stating that their benefit will be sanctioned and that their benefit will only be increased, restarted, regranted or continued if they:
- complete a recompliance activity
- dispute the decision to impose the sanction and MSD accepts that they have a good and sufficient reason for not meeting their work obligations or
- lodge a Review of Decision and MSD reconsiders their position and agrees with the client's review
For some clients, if it's their first obligation failure they may be eligible for a non-financial sanction instead of a financial sanction. For more information see: Non-financial sanctions.
Recompliance for a drug test work obligation failure
Clients may have their benefit increased or restarted from the date they start a drug test failure recompliance activity.
For more information see:
Legislation
- General obligation to be available for suitable employment, etc section 144 Social Security Act 2018
- Work-test obligations as required by MSD section 146 Social Security Act 2018
- Obligation to undertake and pass drug test section 147 Social Security Act 2018
- Compliant drug test defined section 148 Social Security Act 2018
- Failing drug test section 149 Social Security Act 2018
- Requirements for drug test regulation 86 Social Security Regulations 2018
- Specific obligations section 119, section 126, section 136, section 153, section 154, Social Security Act 2018
- Person who fails to comply with requirement to attend interview is subject to sanction section 161 Social Security Act 2018
- Obligations that carry sanction for failure to comply section 233 Social Security Act 2018
