TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 26
TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 26
(1) If an
officer—
(a)
contravenes or fails to comply with any provision of this Act; or
(b)
contravenes or fails to comply with any lawful direction given to the officer
under this Act; or
(c) is
negligent, inefficient or incompetent in the discharge of his or her duties;
or
(d) is
absent from duty without proper cause; or
(e) is
guilty of any disgraceful or improper conduct,
there is sufficient cause for disciplinary action against that officer.
(2) Where the Chief
Executive Officer finds that there is sufficient cause for disciplinary action
under this section, he or she may—
(a) by
written determination under his or her hand—
(i)
reprimand the officer; or
(ii)
impose a fine on the officer not exceeding the amount of
one week's salary of the officer; or
(iii)
reduce the classification of the officer; or
(iv)
suspend the officer from duty (without pay) for a period
not exceeding one year; or
(b)
recommend to the employing authority that the officer be dismissed.
(3) The
employing authority may, upon receipt of a recommendation under
subsection (2), dismiss the officer.
(4) An officer may,
within fourteen days after he or she receives notice of a determination under
this section, or a decision made by the employing authority to dismiss the
officer under this section, apply to SAET under Part 3 Division 1 of the
South Australian Employment Tribunal Act 2014 for a review of the
determination or decision.
(5) In addition to
section 30 of the South Australian Employment Tribunal Act 2014 , SAET
may, at any stage of proceedings for the review of a determination or a
decision that has taken effect under this section, revoke the determination or
the decision and order that the officer be re-instated as an officer appointed
under section 15.
(6) Any fine imposed
on an officer under this section may be deducted from the salary or other
remuneration payable to that officer.