Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Evidential drug test

257: Request for evidential drug test if sanction imposed for failing screening drug test

You could also call this:

"Asking for a second drug test if you disagree with the first test result and got a sanction"

If you fail a screening drug test and get a sanction, you can ask for another test called an evidential drug test. You can do this if you think the first test was wrong. You need to ask in writing, using a form that the Ministry of Social Development (MSD) approves.

You must also give the necessary consents and authorisations, which means you need to agree to let certain people or organisations be involved in the test. You can only ask for the evidential drug test after you have disputed the sanction, and you need to do it within a reasonable time.

The MSD will tell you what a reasonable time is. You can find more information about disputing a sanction in section 252(2)(f). There are also rules about what happens if you waive the evidential drug test, which you can read about in section 149(1) and section 258.

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256: When sanction takes effect, or

"When a penalty for breaking the rules starts to affect you"


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258: Effect of request for evidential drug test, or

"What happens when you ask for a second drug test after failing the first one"

Part 5Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Evidential drug test

257Request for evidential drug test if sanction imposed for failing screening drug test

  1. A person (P) who has failed a screening drug test and has been given a section 252 notice (the section 252 notice) of a sanction on the basis of failing that test may request that P’s sample taken for the screening drug test be subjected to an evidential drug test.

  2. P’s request for an evidential drug test—

  3. must be in writing in a form approved by MSD for the purpose; and
    1. must include the necessary consents and authorisations; and
      1. may be made only after P has disputed the sanction specified in the section 252 notice in accordance with section 252(2)(f); and
        1. must be made within a reasonable period, as specified by MSD, of disputing the sanction.
          1. In this section and in section 258, necessary consents and authorisations means any consent or authority—

          2. of any employer, training provider, or drug-testing provider; and
            1. that MSD specifies as necessary for arranging the evidential drug test and providing the result to MSD.
              1. This section is subject to section 149(1) (which provides that a person is taken to have failed an evidential drug test requested under this section if the person fails a screening test and waives an associated evidential drug test).

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