VIC Signing statutory dec stating intention

[Gusday]

If you sign a stat dec saying your intention is not to take illegal drugs in the future, what happens in the future if you take illegal drugs and get caught by police with drugs on you or if they drug test you and find drugs in your system? 3 to 5 years jail? Do you think they will imprison you, or will you get a drug diversion warning(assuming it's the first time your caught and you weren't driving under the influence)? I mean losing your job isn't my concern here. Prison time is, but this is related to signing a stat dec for employment.

Would drinking 10 beers and then getting caught smoking pot or with pot on you be a defence in court? How many beers are the least amount of beers as a gateway to losing control, awareness of former attentions and memory and using illicit drugs ?

 

[Rob Legat - SBPL]

Signing a statutory declaration about something you intend to do is pointless. Regardless of what it is in relation to, intentions and circumstances can change over time.

What you're probably thinking of is an undertaking, possibly to the court, that you'll refrain from doing certain things. Undertakings in that context are usually given in the hopes of avoiding a certain punishment - so breaching it usually means you'll get hit with at least what you were hoping to avoid; and possibly more depending on the nature of the breach.

In terms of an undertaking to an employer, providing they have sufficient policies and requirements in place, you'd probably be looking at immediate termination and maybe a police complaint. If the use is related to a health and safety risk, quite possibly more.

And if you're looking for guidance on 'how much do I need to drink to no longer be considered culpable?', you won't find it here.