(a) a member of correctional staff (other than a
staff member on probation, a temporary employee or a casual employee) tests
positive for a prohibited drug, and
(b) the staff member has not tested
positive for a prohibited drug in the 3 years immediately preceding the test
referred to in paragraph (a).
(2) The Commissioner may ask the staff member
to elect to undergo counselling and rehabilitation with an approved counsellor
or to elect not to undergo counselling and rehabilitation and face the
possibility that the Commissioner may deal with the matter under section 68 or
69 of the Government Sector Employment Act 2013 .
(3) If the staff member
elects to undergo counselling and rehabilitation, the Commissioner may direct
the staff member--
(a) to attend any interview organised with a person
nominated by the Commissioner, and
(b) to attend an interview with an
approved counsellor for assessment, and
(c) to participate in any
rehabilitation program recommended by that counsellor.
(4) If the staff
member--
(a) elects not to undergo counselling or rehabilitation, or
(b)
without reasonable excuse, fails to attend an interview or counselling session
after electing to do so, or
(c) without reasonable excuse, fails to
participate in a rehabilitation program recommended by the approved counsellor
referred to in subclause (3)(c),
(5)
The Commissioner is not required to ask the staff member to elect to undergo
counselling and rehabilitation or to elect not to undergo counselling and
rehabilitation if the Commissioner, having regard to all the circumstances,
considers that it would be more appropriate to deal with the matter under
section 68 or 69 of the Government Sector Employment Act 2013 .
