INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 114A
Disciplinary proceedings--taking action based on finding of corrupt conduct
INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 114A
Disciplinary proceedings--taking action based on finding of corrupt conduct
(1) This section applies if a finding is made by the Commission in a report
under section 74 that a public official has engaged, or has attempted to
engage, in corrupt conduct . (2) Disciplinary proceedings in connection with
the employment of the public official may be taken by the employer of the
public official on the ground of the conduct of the public official on which
the finding was based. (3) The person or body determining the
disciplinary proceedings -- (a) is not required to further investigate whether
that conduct occurred, and (b) may take any disciplinary or other action
against the public official of a kind that the person or body may otherwise
take in disciplinary proceedings against any such public official , and (c) is
to give the public official an opportunity to make a submission in relation to
any proposed disciplinary or other action. (4) Any such disciplinary or other
action is taken to be action under the law relating to the taking of
disciplinary proceedings against the public official and that law (including
any right to appeal against or seek a review of the action) applies
accordingly. (5) Evidence given to the Commission by the public official may
be admitted and used in disciplinary proceedings against the public official
that are authorised by this section (and in any related appeal or review
proceedings) despite sections 26 and 37 or any other law. However, the
admission and use of the evidence in those proceedings does not cause it to be
admissible against the public official in any other proceedings. (6) The
regulations may do any of the following-- (a) exclude any proceedings against
a public official from the operation of this section, (b) declare that any
proceedings against a public official are disciplinary proceedings in
connection with the employment of a public official for the purposes of this
section. (7) This section does not apply-- (a) to a finding of
corrupt conduct that is made before the commencement of this section, or (b)
to any evidence given before that commencement that would not at that time
have been admissible in disciplinary proceedings . (8) In this section--
"corrective action" has the same meaning as in Part 8A.
"disciplinary proceedings" includes the following, when taken in connection
with the employment of a public official -- (a) reasonable management action ,
(b) appropriate corrective action .
"employment" includes-- (a) engagement under a contract for services, and (b)
appointment as a statutory officer to whom a declaration under subsection (6)
(b) applies.
"evidence given to the Commission" means-- (a) a statement of information, or
a document or other thing, produced in response to a notice by the Commission ,
and (b) an answer made, or a document or other thing produced, by a person
summoned to attend or appearing before the Commission at a
compulsory examination or public inquiry .
"reasonable management action" has the same meaning as in Part 8A.
http://www.austlii.edu.au/au/legis/nsw/consol_act/icaca1988442/s114a.html