Public Sector Management Act 1994

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

must proceed with as little formality and technicality as this Division, the Commissioner’s instructions and the circumstances of the matter permit; and

is not bound by the rules of evidence; and

may, subject to this Division and the Commissioner’s instructions, determine the procedure to be followed.

Even though an employing authority decides to act under section 81(1)(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.

Subject to subsection (4) and section 89, after dealing with a matter as a disciplinary matter under this Division —

if the employing authority finds that the employee has committed a redeployment direction 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 redeployment direction 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.

The Minister —

is bound by any finding in a report submitted as directed under section 81(2); and

must, when making a decision under subsection (3)(b), have regard to, but is not bound by, a recommendation submitted as directed under section 81(2).