276Consequences for staff members testing positive for prohibited drugs

#### 276 Consequences for staff members testing positive for prohibited drugs 276 Consequences for staff members testing positive for prohibited drugs > > (1) This clause applies if— > > > > > (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](/view/html/inforce/current/act-2013-040). > > > (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), > > > > the Commissioner may deal with the matter under section 68 or 69 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040). > > > (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](/view/html/inforce/current/act-2013-040).