Chief executive officer’s assessment of custodial officer’s submissions
61 Chief executive officer’s assessment of custodial officer’s submissions
If the chief executive officer receives submissions from a custodial officer under section 11CD(2) of the Act, the chief executive officer may cause further material, including written reports, to be provided to the chief executive officer.
The chief executive officer must where practicable within 21 days, and in any event within 42 days, after the end of the submission period, decide whether or not a period for further investigation or analysis of any submissions of the custodial officer is necessary.
If the chief executive officer decides that a further period for investigation or analysis is required, the chief executive officer must endeavour to cause that investigation or analysis to be completed within 7 weeks after receiving the custodial officer’s submissions.
If the further investigation or analysis cannot be completed within the period referred to in subregulation (3), the chief executive officer must give the custodial officer a notice stating —
the reason for the further investigation or analysis; and
the time period required to complete the further investigation or analysis; and
the reason for the need for that time period.
Despite deciding under section 11CD(3)(a) of the Act not to take removal action, the chief executive officer may decide that the custodial officer’s performance or conduct warrants other action being taken in relation to the custodial officer under the Act or these regulations.
[Regulation 61 inserted: Gazette 21 Aug 2015 p. 3331‑2.]
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