sec.5A.16If alcohol or targeted substance test positive

### sec.5A.16 If alcohol or targeted substance test positive This section applies if a test conducted under this part shows a relevant person, when tested— was over the limit applying to the person when the test was conducted; or had evidence of a targeted substance in the person’s urine or saliva. The commissioner may do any 1 or more of the following— suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva; correct the relevant person by way of guidance; require the relevant person to undergo counselling or rehabilitation approved by the commissioner; require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties; after considering a report of a government medical officer about a medical examination under paragraph (d) , direct the relevant person to perform other duties for the time the commissioner considers necessary; take disciplinary or other action against the relevant person under whichever of the following is relevant— this Act; the Public Sector Act 2022 ; require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. action that may be taken under section 6 0.1 Subsection (2) (a) , (b) , (c) and (f) do not apply to a targeted substance mentioned in section 5A .12(2). A relevant person directed to perform other duties under subsection (2) (e) is entitled to be paid salary and allowances at the rate at which the person would have been paid had the person not been directed to perform the other duties. A government medical officer who prepares a report about a medical examination of a relevant person may give the report to the commissioner. s 5A.16 ins 2003 No. 67 s 5 amd 2009 No. 25 s 83 sch ; 2014 No. 17 s 132 ; 2022 No. 4 s 21 ; 2022 No. 34 s 365 sch 3 (sec.5A.16-ssec.1) This section applies if a test conducted under this part shows a relevant person, when tested— was over the limit applying to the person when the test was conducted; or had evidence of a targeted substance in the person’s urine or saliva. (sec.5A.16-ssec.2) The commissioner may do any 1 or more of the following— suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva; correct the relevant person by way of guidance; require the relevant person to undergo counselling or rehabilitation approved by the commissioner; require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties; after considering a report of a government medical officer about a medical examination under paragraph (d) , direct the relevant person to perform other duties for the time the commissioner considers necessary; take disciplinary or other action against the relevant person under whichever of the following is relevant— this Act; the Public Sector Act 2022 ; require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. action that may be taken under section 6 0.1 (sec.5A.16-ssec.3) Subsection (2) (a) , (b) , (c) and (f) do not apply to a targeted substance mentioned in section 5A .12(2). (sec.5A.16-ssec.4) A relevant person directed to perform other duties under subsection (2) (e) is entitled to be paid salary and allowances at the rate at which the person would have been paid had the person not been directed to perform the other duties. (sec.5A.16-ssec.5) A government medical officer who prepares a report about a medical examination of a relevant person may give the report to the commissioner. - (a) was over the limit applying to the person when the test was conducted; or - (b) had evidence of a targeted substance in the person’s urine or saliva. - (a) suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva; - (b) correct the relevant person by way of guidance; - (c) require the relevant person to undergo counselling or rehabilitation approved by the commissioner; - (d) require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties; - (e) after considering a report of a government medical officer about a medical examination under paragraph (d) , direct the relevant person to perform other duties for the time the commissioner considers necessary; - (f) take disciplinary or other action against the relevant person under whichever of the following is relevant— (i) this Act; (ii) the Public Sector Act 2022 ; - (i) this Act; - (ii) the Public Sector Act 2022 ; - (g) require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. Example of other action for paragraph (f) — action that may be taken under section 6 0.1 - (i) this Act; - (ii) the Public Sector Act 2022 ;