82Alcohol, prohibited drugs and steroids—use by probationary constables

82 Alcohol, prohibited drugs and steroids—use by probationary constables

82 Alcohol, prohibited drugs and steroids—use by probationary constables

(1) This section applies if the Commissioner considers, based on the result of a test, other than a screening test, conducted under the Act, section 211A or 211AA or this part, that a probationary constable has breached the code of behaviour by—

(a) having the prescribed concentration of alcohol in the probationary constable’s breath or blood while on duty, or

(b) using a prohibited drug or steroid.

(2) The Commissioner must—

(a) direct the probationary constable to attend an interview with a NSW Police Force drug and alcohol counsellor for assessment and participate in a rehabilitation program recommended by the counsellor, or

(b) take section 80 dismissal action against the probationary constable.

(3) If a probationary constable fails, without reasonable excuse, to attend an interview or counselling session after being directed to do so, the Commissioner must take section 80 dismissal action against the probationary constable.

(4) The Commissioner may, at any time, refer the probationary constable to a medical practitioner for the purposes of determining whether the probationary constable is fit to remain a probationary constable.

(5) If the Commissioner refers the probationary constable to a medical practitioner under subsection (4), the Commissioner must have regard to any report made by the medical practitioner in relation to the probationary constable when determining whether the probationary constable is fit to remain a probationary constable.

(6) In this section, a reference to a test under the Act or this part does not include a screening test.