New South Wales Consolidated Acts

TECHNICAL AND FURTHER EDUCATION COMMISSION ACT 1990 - SECT 22H

22H Dealing with an allegation of misconduct

(1) If an allegation is made to the appropriate Division Head that a member of staff may have engaged in any misconduct, the appropriate Division Head may do either or both of the following:

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

(b) take remedial action with respect to the staff member.

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

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

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

(a) decide to take remedial action with respect to the member of staff concerned as well as dealing with the allegation as a disciplinary matter, or

(b) decide to take remedial action with respect to the staff member instead of dealing with the allegation as a disciplinary matter, or

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

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