Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT - SECT 81

Member's response to notice for alleged breach of discipline

81. Member's response to notice for alleged breach of discipline

(1) Where the Commissioner or prescribed member is satisfied with the response provided by a member served with a notice under section 84F, the Commissioner or prescribed member shall take no further action on the matter.

(2) Where a member served with a notice under section 84F admits the breach of discipline or does not respond to the notice within the period specified in the notice, the Commissioner or prescribed member may -

(a) take no further action on the matter;

(b) counsel and caution the member;

(c) cause the member to be formally cautioned in writing; or

(d) where the Commissioner or prescribed member considers the breach of discipline is of such a serious nature that action under paragraph (a), (b) or (c) is not appropriate -

(i) in the case of the Commissioner - take such action under section 84D as the Commissioner thinks appropriate as if the Commissioner had received a report prepared under section 84C(1)(b); or

(ii) in the case of the prescribed member -

(A) take such action in relation to, or impose such a fine on, the member as the prescribed member has power to take or impose under this Act; or

(B) report the breach of discipline to the Commissioner recommending a course of action that the Commissioner might consider taking under section 84D.

(3) Where a member served with a notice under section 84F -

(a) does not respond to the notice within the period specified in the notice and the Commissioner or prescribed member does not consider action under subsection (2) is appropriate;

(b) responds to the notice within the period specified but does not admit the breach of discipline; or

(c) provides an explanation that the Commissioner or prescribed member does not consider satisfactory,

the Commissioner or prescribed member may arrange for an investigation to be carried out by a member or members to determine whether the member has in fact committed a breach of discipline.



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