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TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 26

TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 26

26—Disciplinary action

        (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.