Consequences of an adverse testing outcome: drugs
38 Consequences of an adverse testing outcome: drugs
Subject to subregulation (2), if testing of a selected prison officer returns a confirmed adverse test result for drugs the chief executive officer may take one or more of the following actions in relation to that prison officer or contract prison officer —
refer the prison officer or contract prison officer to the Department’s employee welfare unit for review;
impose managerial interventions in relation to that prison officer or contract prison officer;
initiate removal action against a prison officer under the Prisons Act 1981 Part X or disciplinary action against a prison officer under the Public Sector Management Act 1994 Part 5 (where applicable);
revoke the permit of a contract prison officer to do high level security work under section 15P of the Act.
If testing of a prison officer returns a confirmed adverse test result for drugs and the drug found or ingested is —
a drug set out in the Misuse of Drugs Act 1981 Schedule I or II; or
a Schedule 8 poison or a Schedule 9 poison as those terms are defined in Medicines and Poisons Act 2014 section 3; or
a specified drug within the meaning of the Misuse of Drugs Act 1981 section 3(1); or
a masking agent,
the chief executive officer may accept the resignation of the prison officer, or may take removal action against that prison officer under the Prisons Act 1981 Part X.
Subregulation (2) does not apply if the adverse test result for drugs is to —
a masking agent; or
a Schedule 8 poison as defined in the Medicines and Poisons Act 2014 section 3,
that has been prescribed to that prison officer by a medical practitioner.
[Regulation 38 amended: Gazette 17 Jan 2017 p. 408.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.