Discipline
16 Discipline
If a permanent officer—
commits a breach of this Act or any other Act that applies by virtue of the officer's official position; or
is guilty of an indictable offence; or
is sentenced to imprisonment for an offence; or
wilfully disobeys or disregards an order given by a person having authority to make the order; or
by word or conduct displays insubordination; or
is negligent, careless or indolent in the discharge of official duties;
or
behaves in a disgraceful, improper or unbecoming manner that reflects upon the joint parliamentary service; or
is absent from duty without reasonable excuse; or
directly or indirectly discloses confidential information acquired in the course of official duties otherwise than in the discharge of those duties; or
makes, without permission of the Committee, any communication relating to the joint parliamentary service where it is reasonable to expect that the communication is likely to be published by any part of the media, the officer shall be liable to disciplinary action under this section.
Where an officer is liable to disciplinary action under this section, the
Committee may exercise any of the following powers:
it may forfeit an entitlement of the officer to recreation leave; or
it may require the officer to pay to the General Revenue of the State a fine not exceeding $1 000; or
it may—
reduce the salary of the officer; or
transfer the officer to an office with a lower classification; or
dismiss the officer from the joint parliamentary service.
Before the Committee exercises a power under subsection (2), it shall notify the officer of the circumstances by reason of which the officer is alleged to be liable to disciplinary action.
The officer may, within 14 days of receiving the notice, lodge with the
Committee a written objection to the taking of disciplinary action (denying, if the officer thinks fit, a liability to disciplinary action).
Upon receipt of an objection under subsection (4), the Committee shall afford the officer a reasonable opportunity to make representations in support of the objection.
Representations may be made under subsection (5) personally or by representative.
Where an officer does not object to disciplinary action being taken under this section or the Committee, after considering an objection from the officer and any representations made in its support, remains of the opinion that disciplinary action should be taken, the Committee may discipline the officer.
Before disciplining an officer the Committee shall, if the officer so desires, afford the officer a reasonable opportunity to make representations (personally or by representative) as to the disciplinary action that should be taken.
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