New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 45

45 Requirements relating to procedural guidelines

(1) The procedural guidelines must be consistent with the rules for procedural fairness.

(2) Without limiting subsection (1), the procedural guidelines are to ensure that:

(a) the officer to whom an allegation of misconduct relates is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the officer, and

(b) the officer is given an opportunity to respond to the allegation.

(3) A formal hearing involving the legal representation of parties and the calling and cross-examination of witness is not to be held in relation to an allegation of misconduct and the taking of disciplinary action with respect to an officer.

(4) However, subsection (3) does not prevent the appropriate Department Head from:

(a) conducting such investigations into an allegation of misconduct as the Department Head considers necessary, or

(b) conducting interviews with the officer to whom the allegation relates or with any other person in connection with the matter concerned, or

(c) taking signed statements from the officer or any such person.