New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 47

47 Dealing with unsatisfactory performance

(1) If the appropriate Department Head is of the opinion that an officer is not performing the officer’s duties in a satisfactory manner, the Department Head may decide to take remedial action with respect to the officer.

(2) If:

(a) remedial action is taken with respect to an officer, and

(b) the appropriate Department Head is, after the officer has been given a reasonable opportunity in which to improve his or her performance, of the opinion that the officer’s performance is still unsatisfactory,

the Department Head may notify the officer in writing that the officer’s performance is still unsatisfactory and that the officer’s performance may lead to disciplinary action being taken with respect to the officer. The officer must be given an opportunity to respond to the Department Head’s opinion about the officer’s performance.

(3) The Department Head may, after considering any response by the officer, decide to take disciplinary action with respect to the officer.

(4) 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.