Public Health Act 1997

This section applies to a person who is not a public servant and who is appointed as an analyst.

The director‑general may suspend the person’s appointment for no longer than 1 year, or cancel the person’s appointment, (the proposed action) if satisfied, on reasonable grounds, that—

the person has breached a condition of the person’s appointment; or

the person has otherwise contravened an Act mentioned in section 15A (1) or another territory law under which the person exercises a function; or

the person is not a suitable person to hold the appointment because of misbehaviour or physical or mental incapacity.

Note The person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Before suspending or cancelling the appointment, the director‑general must give the person a written notice—

stating the grounds on which the director‑general proposes to take the proposed action; and

stating the facts that, in the director‑general’s opinion, establish the grounds; and

stating the proposed action; and

telling the person that the person may, within 14 days beginning the day after receiving the notice, give a written response to the director‑general about the matters in the notice.

In deciding whether to suspend or cancel the appointment the director‑general must consider any response given to the director‑general under subsection (3) (d).

If the director‑general is satisfied that grounds for taking action under this section have been established, the director‑general may—

if the proposed action was to cancel the appointment—either cancel the appointment or suspend the appointment for a period of not longer than 1 year; or

if the proposed action was to suspend the appointment for a stated period—suspend the appointment for a period of not longer than that period.

The director‑general must give the person written notice of the director‑general’s decision.

The director‑general’s decision takes effect on the day that notice of the director‑general’s decision is given to the person or, if the notice states a later date of effect, that date.