Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct
70 Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct
In this section—
government sector agency means—
a Public Service agency, and
that part of the NSW Police Force comprising administrative employees under the Police Act 1990, and
any other government sector agency prescribed by the regulations for the purposes of this section.
If—
an allegation of misconduct by an employee of a government sector agency is being dealt with by the person who exercises employer functions in relation to the employee (the employer), or
an employee of a government sector agency is charged with a serious offence referred to in section 69,
the employer may suspend the employee from duty until the allegation of misconduct or the criminal charge has been dealt with and any subsequent action has been taken by the employer.
If the Independent Commission Against Corruption—
has made a corrupt conduct finding against an employee of a government sector agency of a kind referred to in section 114A of the Independent Commission Against Corruption Act 1988, or
is conducting an investigation into the conduct of any such employee that may lead to such a finding,
the employer may suspend the employee from duty until the completion of any such investigation and, in the case of any such finding, until any subsequent action has been taken by the employer.
The employer may direct that any remuneration payable to an employee while the employee is suspended from duty under this section is to be withheld.
If—
the employer takes action against the employee for the misconduct or the corrupt conduct finding, or
the employee is convicted of the offence concerned,
any remuneration so withheld is forfeited to the State unless the employer otherwise directs or that remuneration was due to the employee in respect of a period before the suspension was imposed.
The employer may at any time remove a suspension under this section.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Government Sector Employment (General) Rules 2014 · Regulation
- Government Sector Employment (Senior Executive Bands) Determination 2014 · Regulation
- Government Sector Employment Regulation 2014
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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