sec.306NPositive alcohol or substance test

### sec.306N Positive alcohol or substance test This section applies if an alcohol test or substance test conducted under this part shows a corrective services person, when tested— was over the limit applying to the person when the test was conducted; or had evidence of a dangerous drug in the person’s sample; or had evidence of a targeted substance in the person’s sample and the person was contravening section 306I (2) or (3) . The chief executive may do any 1 or more of the following— suspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person; correct the corrective services person by way of guidance; require the corrective services person to undergo counselling or rehabilitation approved by the chief executive; require the corrective services person to submit to a medical examination under the Public Sector Act 2022 , chapter 3 , part 8 , division 5 ; take disciplinary or other action against the corrective services person under the Public Sector Act 2022 , chapter 3 , part 8 , division 3 or 4 or chapter 4 , part 4 , division 3 ; require the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists. Subsection (2) (a) , (b) , (c) and (e) does not apply to the corrective services person if the person was contravening section 306I (2) . s 306N ins 2020 No. 23 s 48 amd 2022 No. 34 s 365 sch 3 (sec.306N-ssec.1) This section applies if an alcohol test or substance test conducted under this part shows a corrective services person, when tested— was over the limit applying to the person when the test was conducted; or had evidence of a dangerous drug in the person’s sample; or had evidence of a targeted substance in the person’s sample and the person was contravening section 306I (2) or (3) . (sec.306N-ssec.2) The chief executive may do any 1 or more of the following— suspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person; correct the corrective services person by way of guidance; require the corrective services person to undergo counselling or rehabilitation approved by the chief executive; require the corrective services person to submit to a medical examination under the Public Sector Act 2022 , chapter 3 , part 8 , division 5 ; take disciplinary or other action against the corrective services person under the Public Sector Act 2022 , chapter 3 , part 8 , division 3 or 4 or chapter 4 , part 4 , division 3 ; require the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists. (sec.306N-ssec.3) Subsection (2) (a) , (b) , (c) and (e) does not apply to the corrective services person if the person was contravening section 306I (2) . - (a) was over the limit applying to the person when the test was conducted; or - (b) had evidence of a dangerous drug in the person’s sample; or - (c) had evidence of a targeted substance in the person’s sample and the person was contravening section 306I (2) or (3) . - (a) suspend the corrective services person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a dangerous drug or targeted substance in a sample given by the person; - (b) correct the corrective services person by way of guidance; - (c) require the corrective services person to undergo counselling or rehabilitation approved by the chief executive; - (d) require the corrective services person to submit to a medical examination under the Public Sector Act 2022 , chapter 3 , part 8 , division 5 ; - (e) take disciplinary or other action against the corrective services person under the Public Sector Act 2022 , chapter 3 , part 8 , division 3 or 4 or chapter 4 , part 4 , division 3 ; - (f) require the corrective services person to submit to further testing from time to time until the chief executive is satisfied the reason for making the requirement no longer exists.