New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 49

49 Suspension of officers from duty pending decision in relation to misconduct or criminal charge

(1988 Act, s 77)

(1) If:

(a) an allegation that an officer has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, or

(b) an officer is charged with having committed an offence referred to in section 48,

the appropriate Department Head may suspend the officer from duty until the allegation of misconduct or the criminal charge (or any action that the Department Head is considering taking under section 48) has been dealt with.

(2) Any salary payable to a person as an officer while the person is suspended from duty under this section is (if the appropriate Department Head so directs) to be withheld.

(3) If:

(a) it is decided to take disciplinary action with respect to the person for the misconduct, or

(b) the person is convicted of the offence concerned,

the salary withheld under subsection (2) is forfeited to the State unless the appropriate Department Head otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed.

(4) If the appropriate Department Head has suspended an officer from duty under this section, that Department Head may at any time remove the suspension.