Health Services Act 2016

In dealing with a disciplinary matter under this Division an employing authority —

must proceed with as little formality and technicality as this Division, the relevant regulations and the circumstances of the matter permit; and

is not bound by the rules of evidence; and

may, subject to this Division and the relevant regulations, determine the procedure to be followed.

Even though an employing authority decides to act under section 162(a), the employing authority may, at any stage of the process, decide instead that it is appropriate —

to take improvement action with respect to the employee; or

that no further action be taken.

After dealing with a matter as a disciplinary matter under this Division —

if the employing authority finds that the employee has committed a lawful redeployment breach of discipline, the employing authority must take disciplinary action by dismissing the employee; and

if the employing authority finds that the employee has committed a breach of discipline that is not a lawful redeployment breach of discipline, the employing authority must decide —

to take disciplinary action, or both disciplinary action and improvement action, with respect to the employee; or

to take improvement action with respect to the employee; or

that no further action is to be taken.