Document ID: chunk:federal_register_of_legislation:C2006A00084:clause:1_40tr
Version: federal_register_of_legislation:C2006A00084
Segment Type: clause
Provision Reference: sch 1 cl 40TR
Character Range: 50106–51501

40TR  Recommendations that may be made in relation to category 3 conduct or corrupt conduct

 (1) If the investigator is satisfied, on reasonable grounds, that the AFP appointee has engaged in category 3 conduct or corrupt conduct, the investigator may recommend that any one or more of the following be taken in relation to the AFP appointee:
 (a) termination action;
 (b) remedial action;
 (c) training and development action;
 (d) any other action that the Commissioner can take in relation to the AFP appointee.

Note 1: For termination action, see section 40TE.

Note 2: For remedial action, see section 40TD.

Note 3: For training and development action, see section 40TC.

Note 4: If evidence emerges, at any stage of the investigation, that the AFP appointee may have committed an offence, the investigator could also arrange for the AFP appointee to be charged with the offence. This might be done even before the investigation of the issue is completed. The AFP appointee might be charged with the offence even if the investigator does not recommend that termination, remedial or training and development action to be taken in relation to the AFP appointee.

 (2) To avoid doubt, the Commissioner may take termination action in relation to an AFP employee whether or not a recommendation has been made by an investigator that termination action be taken in relation to the employee.