Document ID: chunk:federal_register_of_legislation:C2004C02964:section:35:p1
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 35 (pt 1/3)
Character Range: 53274–55888

35  Disciplinary action for misconduct
 (1) Where, after inquiry as directed by the relevant authority, it is found that an officer has been guilty of misconduct, the relevant authority may:
 (a) caution or reprimand him;
 (b) fine him a sum not exceeding Forty dollars;
 (c) if he occupies a position to which a range of salary is applicable and he is in receipt of a salary other than the minimum salary of that range‑reduce his salary to a lower salary within that range;
 (d) if he occupies a position to which a range of salary is applicable and he is in receipt of a salary other than the maximum salary of that range‑determine that he be not granted, or be not granted until the expiration of a specified period, the whole, or such part as the relevant authority specifies, of a specified increase in salary within that range that would otherwise be granted to him;
 (e) reduce him to a lower position and salary; or
 (f) dismiss him from the Service.
 (2) In an inquiry for the purposes of the last preceding subsection, a formal hearing is not required but the officer shall be informed of the nature of the alleged misconduct and given an opportunity of furnishing a statement in relation to the matters alleged to constitute the misconduct.
 (3) Where:
 (a) an inquiry is being held into alleged misconduct by an officer; or
 (b) an officer has been charged with having committed an offence against the law of the Commonwealth, of a State or of a Territory, punishable either on indictment or on summary conviction, and it appears to the relevant authority that the act or omission alleged to constitute the offence is such as to constitute misconduct by the officer;
the relevant authority may suspend the officer from duty.
 (4) Subject to the next succeeding subsection and to subsection (8), where the relevant authority suspends an officer from duty under the last preceding subsection, the officer shall not be paid his salary in respect of the period of the suspension.
 (5) The relevant authority may, in his discretion, determine that theofficer:
 (a) be paid his salary in respect of the period of the suspension;
 (b) be paid his salary in respect of such part of the period of the suspension as the relevant authority specifies; or
 (c) be paid such part of his salary as the relevant authority specifies in respect of the period of the suspension or in respect of such part of that period as the relevant authority specifies.
 (6) Where the relevant authority has suspended an officer from duty under subsection (3), the relevant authority may at any time remove the suspension.
 (7) Where: