Grounds for discipline
273B Grounds for discipline
The chief executive officer may discipline a relevant commission officer if the chief executive officer is reasonably satisfied the officer has—
performed the officer’s duties carelessly, incompetently or inefficiently; or
been guilty of misconduct; or
been absent from duty without approved leave and without reasonable excuse; or
contravened, without reasonable excuse, a direction given to the officer by a responsible person; or
used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or
contravened, without reasonable excuse, a requirement of the chief executive officer under section 273G(1) in relation to the officer’s employment by, in response to the requirement—
failing to disclose a serious disciplinary action; or
giving false or misleading information; or
contravened, without reasonable excuse—
a provision of this Act; or
a standard of conduct applying to the officer under an approved code of conduct under the Public Sector Ethics Act 1994; or
a standard of conduct, if any, applying to the officer under an approved standard of practice under the Public Sector Ethics Act 1994.
Also, the chief executive officer may discipline a former relevant commission officer under section 273D on the same grounds mentioned in subsection (1).
A disciplinary ground arises when the act or omission constituting the ground is done or made.
In this section—misconduct means—
inappropriate or improper conduct in an official capacity; or
inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the commission.
Example of misconduct—victimising another commission officer in the course of the other officer’s employment or engagement with the commissionresponsible person, for a direction, means a person with authority to give the direction, whether the authority derives from this Act or otherwise.
This Act’s bill:Explanatory memorandum
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