Social Security Act 2018

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

265: Failure of drug test for purposes of recompliance constitutes third failure

You could also call this:

“Failing a drug test when trying to fix past mistakes counts as your third strike”

If you fail a drug test when trying to get back into compliance with your obligations, it counts as your third failure in a 12-month period. This means you’ll face the same consequences as someone who has failed to meet their drug-testing requirements three times in a year. The specific drug tests this applies to are mentioned in section 264(2)(a) or (b) of the law.

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

265Failure of drug test for purposes of recompliance constitutes third failure

  1. A person who fails a drug test stated in section 264(2)(a) or (b) must be treated, for purposes of the imposition of a sanction, as a person who has failed for a third time within a 12-month period to comply with a drug-testing obligation.

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