New South Wales Repealed Regulations

This legislation has been repealed.

POLICE REGULATION 2008 - REG 85

85 Special provisions in relation to probationary constables

(1) This clause applies to an officer who has been appointed on probation.

(2) If the Commissioner considers, as a result of a test (other than an initial screening test) conducted under section 211A or 211AA of the Act or this Part, that such an 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 or by using a prohibited drug or steroid, the Commissioner must either:

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

(b) direct that the officer's appointment be terminated.

(3) If such an officer fails, without reasonable excuse, to attend an interview or counselling session after being directed to do so, the Commissioner must direct that the officer's appointment be terminated.

(4) The Commissioner may at any time refer the officer to a medical practitioner for the purpose of that officer determining the officer's fitness for duty.

(5) The Commissioner is to have regard to any report made by the medical practitioner in relation to such an officer.