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Social Security Act 2018

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

263: How person recomplies after failure to comply with drug-testing obligation

You could also call this:

“How to fix things if you don't follow drug-testing rules”

If you don’t follow the rules about drug testing, here’s how you can fix it:

If it’s your first time not following the rules in a year, you need to promise not to use any illegal drugs. You can still use drugs that a doctor gives you, but only in the amount the doctor says.

If it’s your second time not following the rules in a year, you need to agree to take more drug tests. These tests will be done as described in section 264 of this law.

If you agree to take more drug tests, the government will tell you:

  • What will happen if you don’t do the tests
  • Where you can go to get tested
  • Who has to pay for the tests (this is explained in sections 264 and 266 of this law)

Remember, when this law talks about drugs, it means illegal drugs or drugs that aren’t prescribed by a doctor.

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264: Drug testing for purposes of recompliance, or

“Rules for drug testing to get benefits back”

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

263How person recomplies after failure to comply with drug-testing obligation

  1. In this section, drug test failure means a failure by a person (P) to comply with a drug-testing obligation.

  2. In the case of a first drug test failure within a 12–month period, P recomplies if P undertakes, in a manner that is satisfactory to MSD, not to use any controlled drugs (except any particular controlled drugs that are lawfully prescribed, and only at the dosage that is lawfully prescribed, for P by a health practitioner).

  3. In the case of a second drug test failure within a 12-month period of the first failure, P recomplies if P undertakes, in a manner satisfactory to MSD, to undergo drug testing in accordance with section 264.

  4. MSD must take reasonable and appropriate steps to make a person who has given an undertaking under subsection (3) aware of the following matters:

  5. the consequences of failing to comply with the undertaking; and
    1. the location of an appropriate drug-testing provider; and
      1. the matters in sections 264(5) and 266 (which relate to the costs of drug testing for the purpose of recompliance).

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