Welfare drug tests may break privacy law

Forcing beneficiaries to take drug tests under tough new welfare rules is potentially illegal, the Privacy Commissioner says.

In a submission to the Government's latest round of welfare reforms, commissioner Marie Shroff says making beneficiaries take pre-employment drug tests could violate their privacy.

It could also leave beneficiaries in a "catch-22" situation, caught between an unlawful drug test and the threat of losing their benefit, she said.

The Government's latest welfare reforms - contained in the Social Security (Benefit Categories and Work Focus) Amendment Bill - will create three new benefit categories with a greater focus on finding work.

The bill passed its first reading in September but has faced opposition at the select committee hearings, with some claiming it breaches human rights obligations.

As part of the reforms, all beneficiaries will be required from July this year to take pre-employment drug tests when requested by a prospective employer. Those who refuse to take the test, or repeatedly fail, will have their benefits cut or suspended.

At present, any beneficiary can decline to apply for a job requiring a drug test without facing penalties.

Shroff said in her submission that pre-employment drug testing was required by law only for safety-sensitive roles, such as people operating heavy machinery.

However, the new welfare regime would not require employers to demonstrate drug-testing was necessary, or even legal, she said. "Not all employers will comply with the law."

The new rules would allow the Government to use unlawful drug tests to cut people's benefits.

Read the original post:
Welfare drug tests may break privacy law