Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If, following the
investigation of an alleged breach of discipline under section 81, a
person directed under section 81(2)(b) to investigate that breach of
discipline finds that —
(a) a
minor breach of discipline was committed by the respondent, that person shall
submit that finding to the Minister and recommend to the Minister that the
Minister act in relation to the respondent in the manner referred to in
section 83(1)(a)(i), (ii) or (iii);
(b) a
serious breach of discipline appears to have been committed by the respondent,
that person shall submit that finding to the Minister and recommend to the
Minister that the Minister act in relation to the respondent in the manner
referred to in section 83(1)(b) as if the Minister were the relevant
employing authority referred to in that section; or
(c) no
breach of discipline was committed by the respondent, that person shall submit
that finding to the Minister and recommend to the Minister that the Minister
notify the respondent of that finding and that no further action will be taken
in the matter.
(2) On receiving a
finding and recommendation made under subsection (1), the Minister
shall —
(a)
accept that finding; and
(b) in
the case of a recommendation made under —
(i)
subsection (1)(a), may accept that recommendation
and act accordingly in relation to the respondent, or decline to accept that
recommendation and take such other action in relation to the respondent as
could have been recommended under that subsection; or
(ii)
subsection (1)(b) or (c), shall accept that
recommendation and act accordingly in relation to the respondent.
(3) For the purposes
of subsection (1), a breach of discipline committed as a result of
disobedience to, or disregard of, a lawful order referred to in
section 94(4) is a serious breach of discipline.