New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 46

46 Dealing with allegations of misconduct

(1) If an allegation is made to the appropriate Department Head that an officer may have engaged in any misconduct, the appropriate Department Head may:

(a) decide to deal with the allegation as a disciplinary matter in accordance with the procedural guidelines, or

(b) decide that it is appropriate to take remedial action with respect to the officer.

(2) After dealing with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the appropriate Department Head may, if the Department Head is of the opinion that the officer has engaged in any misconduct, decide to take disciplinary action with respect to the officer.

(3) Before any disciplinary action is taken with respect to an officer under this section, the officer must be given an opportunity to make a submission in relation to the disciplinary action that the Department Head is considering taking.

(4) Even though the appropriate Department Head decides to deal with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the Department Head may, at any stage of the process:

(a) decide to take remedial action with respect to the officer concerned, or

(b) decide to dismiss the allegation, or decide that no further action is to be taken in relation to the matter, or both.

(5) A decision under this section by the appropriate Department Head to take remedial action with respect to an officer does not, if it appears to the Department Head that the officer may have engaged in any misconduct while the remedial action is being taken, prevent the Department Head from dealing with the alleged misconduct as a disciplinary matter under this section.