Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 64 Disciplinary action for misconduct

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 64

Division 4-Discipline

64. (1) Where, after inquiry as directed by the Managing Director, it is found
that an officer has been guilty of misconduct, the Managing Director may-

   (a)  dismiss him from the Service; or

   (b)  do any one or more of the following things:

        (i)    transfer him to some other position in the Service;

        (ii)   reduce his salary;

        (iii)  determine that he be not granted, or be not granted until the
               expiration of a specified period, the whole, or such part as
               the Managing Director specifies, of a specified increase in
               salary (including an increase by way of an increment in a range
               of salary applicable in relation to his position or, in the
               case of an unattached officer, applicable in relation to him)
               that would otherwise be granted to him.

(2) In an inquiry for the purposes of sub-section (1), 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
        Managing Director that the act or omission alleged to constitute the
        offence is such as to constitute misconduct by the officer, the
        Managing Director may suspend the officer from duty.

(4) Subject to sub-section (5), where the Managing Director suspends an
officer from duty under sub-section (3), the officer shall not be paid his
salary during the period of the suspension.

(5) The Managing Director may, in his discretion, determine that the officer-

   (a)  be paid his salary during the period of the suspension;

   (b)  be paid his salary during such part of the period of the suspension as
        the Managing Director specifies; or

   (c)  be paid such part of his salary as the Managing Director specifies
        during the period of the suspension or during such part of that period
        as the Managing Director specifies.

(6) Where the Managing Director has suspended an officer from duty under
sub-section (3), the Managing Director may at any time remove the suspension.

(7) Where-

   (a)  after an inquiry has been held into alleged misconduct by an officer
        who has been suspended from duty under sub-section (3), the
        Managing Director is not satisfied that the officer has been guilty of
        misconduct; or

   (b)  upon the hearing by a court of the charge against an officer referred
        to in paragraph (3) (b) who has been suspended from duty under
        sub-section (3) the officer does not plead guilty, and is not found
        guilty, of the offence with which he was charged or of another offence
        that appears to the Managing Director to be such as to constitute
        misconduct by the officer, or the charge against such an officer is
        not proceeded with, the Managing Director shall, if he has not already
        done so, remove the suspension.

(8) Where-

   (a)  an officer has been suspended from duty under sub-section (3);

   (b)  an amount of salary that would otherwise have been paid to the officer
        during the period of the suspension was not paid to him; and

   (c)  the Managing Director removes the suspension, the officer shall,
        subject to sub-section (9), be paid that amount of salary.

(9) Where the Managing Director is satisfied that an officer to whom
sub-section (8) applies has engaged in paid employment or work during the
period of his suspension, the amount payable to him under that sub-section
shall be reduced by an amount equal to the total amount of the earnings that
the Managing Director is satisfied were received or are receivable by him in
respect of that employment or work.

(10) For the purposes of this section, an officer shall be taken to have been
guilty of misconduct if, and only if-

   (a)  he wilfully disobeys, or wilfully disregards, a direction given by a
        person having authority to give the direction, being a direction with
        which it is his duty as an officer to comply;

   (b)  he is inefficient or incompetent for reasons or causes within his own
        control;

   (c)  he is negligent or careless in the discharge of his duties;

   (d)  he engages in improper conduct as an officer;

   (e)  he engages in improper conduct otherwise than as an officer, being
        conduct that affects adversely the performance of his duties or brings
        the Service into disrepute;

   (f)  he contravenes or fails to comply with-

        (i)    a provision of this Act, of the regulations or of the rules,
               being a provision that is applicable to him; or

        (ii)   the terms and conditions upon which he is employed; or

   (g)  he has, whether before or after becoming an officer, wilfully supplied
        to the Corporation, to the Managing Director, to an officer or to
        another person acting on behalf of the Corporation incorrect or
        misleading information in connection with his appointment to the
        Service.