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  • Writer's pictureNRWHS

I've failed my drug test! What happens next?

There are four kinds of tests we perform usually:

  • Tests for Criminal Law (Appeals, Probation/Parole)

  • Tests for Family Law (Restoration of Paternal Rights - Children's Court, Suitability for Child Custody - FCFCA)

  • Pre-Employment tests

  • Occupational tests


So let's go through what happens in all of these.


CRIMINAL LAW

If testing was tendered as part of an appeal, the prosecutor (Police or DPP) and your solicitor/barrister will receive the results at the same time. Obviously, failing a test will adversely affect your argument in court.


For probation and parole matters, failing a drug test is usually a violation of your probation/parole, the consequences for this depend on your DCJ officer and whether or not they refer it to the court.


FAMILY LAW

For restoration matters, obviously the court will not be restoring your rights to be a parent/guardian of a child if you fail a hair drug/alcohol test.


If you are before the FCFCA arguing for custody of a child, a drug test will be an indicator of stability in the court deciding whether or not you are fit and proper to have custody of the child. The ICL (Independent Children's Lawyer, the lawyer representing the interests of your child) will make a strong objection to you receiving custody of a child if you test positive to a substance you do not have a prescription for.


PRE-EMPLOYMENT

The results go to whoever is organising the test. If your employer books it in, the results go directly to them the same day. If you are organising the test, you get the results.


OCCUPATIONAL

The results of the immunoassay will be reported to your boss and you will be stood down until laboratory results are available (usually 2 - 3 days). Whether this is paid or not depends on your contract and/or the drug/alcohol policy.


When laboratory results are available, if you are negative - you will be able to return to work immediately.

If you are positive - the outcome will be at the discretion of your employer.


Fun fact - the field tests are have a cut-off at least double the amount required for the laboratory to call your positive (i.e. Methamphetamine will not trigger a field test until 50ng/mL even though the lab only needs to see 25ng/mL). If you fail on the spot, you are likely coming back positive from the lab.


If you have any questions, leave a comment!

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