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reg 63

Outcome of disciplinary investigation

In force
Part 4Brigades and groups of brigades
Division 4Disciplinary action
Subdivision 3Investigation

63 Outcome of disciplinary investigation

(1)

As soon as practicable after the completion of a disciplinary investigation, a referring officer must—

(a)

consider the written results of the investigation, including any evidence collected by the investigator that may be relevant to determining whether the member engaged in conduct that is a ground for disciplinary action; and

(b)

make a determination about the outcome of the investigation that is specified in subregulation (2).

(2)

The specified determinations are—

(a)

if the referring officer reasonably believes that the member has not engaged in conduct that is a ground for disciplinary action, a determination that no disciplinary action is required; or

(b)

if the referring officer reasonably believes that the member has engaged in conduct that is a ground for disciplinary action—

(i)

if the referring officer reasonably believes that it is appropriate to deal with the member's conduct informally, a determination that the matter be dealt with informally; or

(ii)

otherwise, a determination that the matter be referred to a hearing officer for a disciplinary hearing (a disciplinary referral).

(3)

A referring officer who makes a determination about the outcome of a disciplinary investigation must not be the same person who completed that disciplinary investigation.

(4)

A disciplinary referral must be in writing and specify—

(a)

the proposed ground for disciplinary action; and

(b)

details of the alleged conduct of the member.

(5)

A referring officer who makes a disciplinary referral must give a copy of that referral to—

(a)

the member; and

(b)

if the referring officer is a person who is authorised under regulation 56(2), the Chief Officer.

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