Public Sector Management Act 1994

This section applies if an officer in the service is—

in custody awaiting trial for an offence; or

in prison following conviction for an offence.

The officer is taken to be on leave of absence without pay for the period of custody or imprisonment unless—

the employment of the officer is terminated for misconduct; or

the head of service is satisfied that the officer is experiencing hardship and is to be paid the whole or part of the officers’ salary for a stated time.

If the officers’ employment is not terminated for misconduct—

a period of service before the custody or imprisonment must be regarded as continuous with a period of service after the custody or imprisonment; and

the period of custody or imprisonment is not to be regarded as service under this Act or any other Act, unless the head of service decides otherwise.

If, immediately before a period of custody or imprisonment, an officer was suspended—the suspension is taken to be removed from the start of the period of custody or imprisonment.

An officer must not be suspended during a period of custody or imprisonment.

In this section: