Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, after inquiry as directed by the relevant authority, it is found that an officer has been guilty of misconduct, the relevant authority may:
(a) caution or reprimand him;
(b) fine him a sum not exceeding Forty dollars;
(c) if he occupies a position to which a range of salary is applicable and he is in receipt of a salary other than the minimum salary of that range - reduce his salary to a lower salary within that range;
(d) if he occupies a position to which a range of salary is applicable and he is in receipt of a salary other than the maximum salary of that range - determine that he be not granted, or be not granted until the expiration of a specified period, the whole, or such part as the relevant authority specifies, of a specified increase in salary within that range that would otherwise be granted to him;
(e) reduce him to a lower position and salary; or
(f) dismiss him from the Service.
(2) In an inquiry for the purposes of the last preceding subsection, a formal hearing is not required but the officer shall be informed of the nature of the alleged misconduct and given an opportunity of furnishing a statement in relation to the matters alleged to constitute the misconduct.
(3) Where:
(a) an inquiry is being held into alleged misconduct by an officer; or
(b) an officer has been charged with having committed an offence against the law of the Commonwealth, of a State or of a Territory, punishable either on indictment or on summary conviction, and it appears to the relevant authority that the act or omission alleged to constitute the offence is such as to constitute misconduct by the officer;
the relevant authority may suspend the officer from duty.
(4) Subject to the next succeeding subsection and to subsection ( 8), where the relevant authority suspends an officer from duty under the last preceding subsection, the officer shall not be paid his salary in respect of the period of the suspension.
(5) The relevant authority may, in his discretion, determine that theofficer:
(a) be paid his salary in respect of the period of the suspension;
(b) be paid his salary in respect of such part of the period of the suspension as the relevant authority specifies; or
(c) be paid such part of his salary as the relevant authority specifies in respect of the period of the suspension or in respect of such part of that period as the relevant authority specifies.
(6) Where the relevant authority has suspended an officer from duty under subsection ( 3), the relevant authority may at any time remove the suspension.
(7) Where:
(a) after an inquiry has been held into alleged misconduct by an officer who has been suspended from duty under subsection ( 3), the relevant authority is not satisfied that the officer has been guilty of misconduct; or
(b) upon the hearing by a court of the charge against an officer referred to in paragraph ( b) of subsection ( 3) who has been suspended from duty under that subsection the officer does not plead guilty, and is not found guilty, of the offence with which he was charged or of another offence that appears to the relevant authority to be such as to constitute misconduct by the officer, or the charge against such an officer is not proceeded with;
the relevant authority shall, if he has not already done so, remove the suspension.
(8) Where:
(a) an officer has been suspended from duty under subsection ( 3);
(b) an amount of salary that would otherwise have been paid to the officer in respect of the period of the suspension was not paid to him; and
(c) the relevant authority removes the suspension;
the officer shall, subject to the next succeeding subsection, be paid that amount of salary.
(9) Where the relevant authority is satisfied that an officer to whom thelast preceding subsection applies has engaged in paid employment or workduring the period of his suspension, the amount payable to him under that subsection shall be reduced by an amount equal to the total of the amounts of the earnings that the relevant authority is satisfied were received or are receivable by him in respect of that employment or work.
(10) For the purposes of this section, an officer shall be taken to have been guilty of misconduct if, and only if:
(a) he wilfully disobeys, or wilfully disregards, a direction given by a person having authority to give the direction, being a direction with which it is his duty as an officer to comply;
(b) he is inefficient or incompetent for reasons or causes within his own control;
(c) he is negligent or careless in the discharge of his duties;
(d) he engages in improper conduct as an officer;
(e) he engages in improper conduct otherwise than as an officer, being conduct that affects adversely the performance of his duties or brings the Service into disrepute;
(f) he contravenes or fails to comply with:
(i) a provision of this Act or of the regulations, being a provision that is applicable to him; or
(ii) the terms and conditions upon which he is employed; or
(g) he has, whether before or after becoming an officer, wilfully supplied to the Commonwealth Teaching Service Commissioner, a relevant authority, a person acting on behalf of the Commonwealth Teaching Service Commissioner or of a relevant authority, or any other officer of the Service, incorrect or misleading information in connection with his appointment to the Service.