sec.5A.21AAgreements about counselling and rehabilitation

### sec.5A.21A Agreements about counselling and rehabilitation An eligible member of the service may make a written request to a person prescribed by regulation (a prescribed person ) for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug. If a prescribed person receives a request under subsection (1) , the prescribed person must forward the written request to the eligible member who may enter into an agreement for providing counselling or rehabilitation. The commissioner may enter into an agreement to provide to the eligible member the counselling or rehabilitation approved by the commissioner. The commissioner must not use information disclosed by a member under this section for the purposes of disciplinary or other action against the member under this Act or the Public Sector Act 2022 . Also, the commissioner must not disclose information in the possession of the commissioner because of a request or agreement made under this section other than— for the purposes of the agreement; or to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or if the information relates to a member who is an officer—for the purposes of section 6 .1(1)(c) or 8.3. A regulation may prescribe the matters that must be included in an agreement under this section. In this section— eligible member means a member of the service, other than— an MRQ volunteer; or an SES local government employee; or an SES volunteer. s 5A.21A ins 2005 No. 17 s 28 amd 2009 No. 25 s 83 sch sub 2014 No. 17 s 134 amd 2016 No. 43 s 23 ; 2021 No. 12 s 185 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 18 s 27 (sec.5A.21A-ssec.1) An eligible member of the service may make a written request to a person prescribed by regulation (a prescribed person ) for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug. (sec.5A.21A-ssec.2) If a prescribed person receives a request under subsection (1) , the prescribed person must forward the written request to the eligible member who may enter into an agreement for providing counselling or rehabilitation. (sec.5A.21A-ssec.3) The commissioner may enter into an agreement to provide to the eligible member the counselling or rehabilitation approved by the commissioner. (sec.5A.21A-ssec.4) The commissioner must not use information disclosed by a member under this section for the purposes of disciplinary or other action against the member under this Act or the Public Sector Act 2022 . (sec.5A.21A-ssec.5) Also, the commissioner must not disclose information in the possession of the commissioner because of a request or agreement made under this section other than— for the purposes of the agreement; or to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or if the information relates to a member who is an officer—for the purposes of section 6 .1(1)(c) or 8.3. (sec.5A.21A-ssec.6) A regulation may prescribe the matters that must be included in an agreement under this section. (sec.5A.21A-ssec.7) In this section— eligible member means a member of the service, other than— an MRQ volunteer; or an SES local government employee; or an SES volunteer. - (a) for the purposes of the agreement; or - (b) to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or - (c) for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or - (d) if the information relates to a member who is an officer—for the purposes of section 6 .1(1)(c) or 8.3. - (a) an MRQ volunteer; or - (b) an SES local government employee; or - (c) an SES volunteer.