New South Wales Repealed Regulations

This legislation has been repealed.

POLICE REGULATION 2008 - REG 81

81 Consequences for police officers consuming alcohol

(1) This clause applies if:

(a) the Commissioner considers, as a result of a test conducted under section 211A of the Act or this Part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in his or her breath or blood while rostered on duty, and

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

(2) In such a case, the Commissioner may ask the police officer to choose whether to undergo counselling and rehabilitation or whether to face the possibility that a section 173 order may be made with respect to the officer.

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

(a) to attend any interview organised with the officer's commander or manager, and

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

(c) to participate in any rehabilitation program recommended by that counsellor.

(4) If a police officer:

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

(b) without reasonable excuse, fails to attend an interview or counselling session after choosing to do so, or

(c) without reasonable excuse, fails to participate in a rehabilitation program after choosing to do so,

the police officer's commander or manager may recommend the making of a section 173 order with respect to the officer.

(5) 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 that it would be more appropriate to make a section 173 order or section 181D order with respect to the officer.