76Alcohol—single incident

76 Alcohol—single incident

76 Alcohol—single incident

(1) This section applies if—

(a) the Commissioner considers, based on the results of a test conducted under the Act, section 211A or this part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in the officer’s breath or blood while on duty, and

(b) the police officer has not breached the code of behaviour in the same way in the 3 years immediately preceding the breach.

(2) The Commissioner may ask the police officer to choose whether to—

(a) undergo counselling and rehabilitation, or

(b) face the possibility that a section 173 order may be made in relation to the officer.

(3) If the police officer chooses to undergo counselling and rehabilitation, the Commissioner must direct the officer to—

(a) attend an interview with the officer’s commander or manager, and

(b) attend an assessment interview with a NSW Police Force drug and alcohol counsellor, and

(c) participate in a rehabilitation program recommended by the counsellor.

(4) The police officer’s commander or manager may recommend the making of a section 173 order in relation to the officer if the officer—

(a) chooses not to undergo counselling and rehabilitation, or

(b) after choosing to undergo counselling and rehabilitation, fails, without reasonable excuse, to—

(i) attend an interview or counselling session, or

(ii) participate in a rehabilitation program.

(5) Despite subsection (2), the Commissioner is not required to ask the police officer to choose whether to undergo counselling if the Commissioner, having regard to all the circumstances, considers it more appropriate to make either of the following in relation to the officer—

(a) a section 173 order,

(b) a section 181D order.