Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A charge under
section 83(1)(b), 84(2)(b)(ii) or 85 shall —
(a) be
in writing;
(b)
contain the prescribed details of the alleged breach of discipline; and
(c)
require the respondent to indicate within such period of not less than
7 days as is specified in the charge whether or not he or she admits or
denies the charge.
(2) A respondent
charged under section 83(1)(b), 84(2)(b)(ii) or 85 shall admit or deny
the charge within the relevant period referred to in subsection (1)(c).
(3) Subject to
section 89, if a respondent admits a charge under subsection (2) and
the employing authority finds the charge to be proved, the employing
authority —
(a)
shall, if the charge is a charge of committing a breach of discipline
consisting of disobedience to, or disregard of, a lawful order referred to in
section 94(4), dismiss the respondent; or
(b)
may —
(i)
reprimand the respondent;
(ii)
transfer the respondent to another public sector body
with the consent of the employing authority of that public sector body or, if
the respondent is an employee other than a chief executive officer or chief
employee, transfer him or her to another office, post or position in the
public sector body in which he or she is currently employed;
(iii)
impose on the respondent a fine not exceeding an amount
equal to the amount of remuneration received by the respondent in respect of
the period of 5 days during which he or she was at work as an employee
immediately before the day on which the finding of a breach of discipline was
made;
(iv)
reduce the monetary remuneration of the respondent;
(v)
reduce the level of classification of the respondent; or
(vi)
dismiss the respondent,
or, except when the
respondent is dismissed under subparagraph (vi), take action under any 2
or more of the subparagraphs of this paragraph.
(4) If a respondent
denies a charge under subsection (2) and the employing authority is not
the Minister, the employing authority may —
(a)
hold, or direct a person to hold, a disciplinary inquiry into the charge in
accordance with prescribed procedures; or
(b) if
it considers that a special disciplinary inquiry should be held into the
charge, request the Minister to direct that a special disciplinary inquiry be
held into the charge by a person named in that direction.
(5) A directed person
shall, subject to subsections (6) and (7), comply with the relevant
direction given under subsection (4)(a).
(6) If, at any time
after the commencement of a disciplinary inquiry held under
subsection (4)(a), the employing authority or directed person considers
that a special disciplinary inquiry should be held into the charge, the
employing authority may request the Minister to direct that —
(a) a
special disciplinary inquiry be held into the charge by a person named in that
direction; or
(b) the
disciplinary inquiry be converted into a special disciplinary inquiry and that
the person holding the disciplinary inquiry hold the resulting special
disciplinary inquiry.
(7) If the Minister
complies with a request made under subsection (4)(b) or (6) and makes a
direction referred to in —
(a)
subsection (4)(b), the person named in that direction shall comply with
that direction;
(b)
subsection (6)(a), the person named in that direction shall comply with
that direction and the relevant disciplinary inquiry being held under
subsection (4)(a) is terminated; or
(c)
subsection (6)(b), the disciplinary inquiry concerned is converted into a
special disciplinary inquiry and the person holding that disciplinary inquiry
shall hold the resulting special disciplinary inquiry.
(8) If a directed
person finds at the conclusion of a disciplinary inquiry
that —
(a) a
breach of discipline was committed by the respondent, the directed person
shall submit that finding to the employing authority and recommend to the
employing authority that it act in relation to the respondent under
subsection (3) as if the respondent had admitted the charge under
subsection (2); or
(b) no
breach of discipline was committed by the respondent, the directed person
shall submit that finding to the employing authority and recommend to the
employing authority that it notify the respondent of that finding and that no
further action will be taken in the matter.
(9) On receiving a
finding and recommendation under subsection (8), the employing authority
shall —
(a)
accept the finding; and
(b) in
the case of a recommendation made under —
(i)
subsection (8)(a) in relation to a charge of
committing a breach of discipline consisting of disobedience to, or disregard
of, a lawful order referred to in section 94(4), dismiss the respondent;
(ii)
subsection (8)(a) in relation to a charge other than
a charge referred to in subparagraph (i), 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
(iii)
subsection (8)(b), accept that recommendation and
act accordingly in relation to the respondent.
(10) If an employing
authority finds at the conclusion of a disciplinary inquiry held by itself
that —
(a) a
breach of discipline was committed by the respondent, the employing authority
shall act under subsection (3) as if the respondent had admitted the
charge under subsection (2); or
(b) no
breach of discipline was committed by the respondent, the employing authority
shall notify the respondent of that finding and that no further action will be
taken in the matter.
(11) If a respondent
denies a charge under subsection (2) and the employing authority is the
Minister, the Minister shall direct a person to hold a special disciplinary
inquiry into the charge and the person shall comply with that direction.
(12) A direction shall
not be given under this section to the Commissioner.
(13) In this
section —
directed person means person directed under
subsection (4)(a) to hold a disciplinary inquiry into the charge
concerned;
disciplinary inquiry means disciplinary inquiry
held or directed to be held under subsection (4)(a).