New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 278

278 Staff members on probation

(1) If a member of correctional staff who is on probation tests positive for alcohol or tests positive for a prohibited drug, the Commissioner may--

(a) direct the staff member to attend an interview with an approved counsellor for assessment and to participate in any rehabilitation program recommended by that counsellor, or

(b) deal with the matter under section 68 or 69 of the Government Sector Employment Act 2013 .

(2) If the staff member fails, without reasonable excuse, to attend an interview or counselling session after being directed to do so or, without reasonable excuse, fails to participate in any rehabilitation program recommended by an approved counsellor referred to in subclause (1)(a), the Commissioner may deal with the matter under section 68 or 69 of the Government Sector Employment Act 2013 .

(3) The Commissioner may at any time refer the staff member to a medical practitioner for the purpose of the medical practitioner determining the staff member's fitness for duty.

(4) The Commissioner is to have regard to any report made by the medical practitioner in relation to the staff member.