Division 2 Dealing with misconduct

44   Issuing of procedural guidelines

(1)  The Commissioner may, from time to time, issue guidelines for the purposes of:

(a)  dealing with allegations of misconduct as a disciplinary matter, and

(b)  the taking of disciplinary action with respect to officers under this Division.

(2)  The Commissioner may from time to time amend, revoke or replace the procedural guidelines.

(3)  The procedural guidelines as in force from time to time must be made publicly available in such manner as the Commissioner thinks appropriate.

(4)  The regulations may make provision for or with respect to any matter for which the procedural guidelines can provide. In the event of any inconsistency between a provision contained in the procedural guidelines and a provision in the regulations, the latter is to prevail.

45   Requirements relating to procedural guidelines

(1)  The procedural guidelines must be consistent with the rules for procedural fairness.

(2)  Without limiting subsection (1), the procedural guidelines are to ensure that:

(a)  the officer to whom an allegation of misconduct relates is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the officer, and

(b)  the officer is given an opportunity to respond to the allegation.

(3)  A formal hearing involving the legal representation of parties and the calling and cross-examination of witness is not to be held in relation to an allegation of misconduct and the taking of disciplinary action with respect to an officer.

(4)  However, subsection (3) does not prevent the appropriate Department Head from:

(a)  conducting such investigations into an allegation of misconduct as the Department Head considers necessary, or

(b)  conducting interviews with the officer to whom the allegation relates or with any other person in connection with the matter concerned, or

(c)  taking signed statements from the officer or any such person.

46   Dealing with allegations of misconduct

(1)  If an allegation is made to the appropriate Department Head that an officer may have engaged in any misconduct, the appropriate Department Head may:

(a)  decide to deal with the allegation as a disciplinary matter in accordance with the procedural guidelines, or

(b)  decide that it is appropriate to take remedial action with respect to the officer.

(2)  After dealing with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the appropriate Department Head may, if the Department Head is of the opinion that the officer has engaged in any misconduct, decide to take disciplinary action with respect to the officer.

(3)  Before any disciplinary action is taken with respect to an officer under this section, the officer must be given an opportunity to make a submission in relation to the disciplinary action that the Department Head is considering taking.

(4)  Even though the appropriate Department Head decides to deal with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the Department Head may, at any stage of the process:

(a)  decide to take remedial action with respect to the officer concerned, or

(b)  decide to dismiss the allegation, or decide that no further action is to be taken in relation to the matter, or both.

(5)  A decision under this section by the appropriate Department Head to take remedial action with respect to an officer does not, if it appears to the Department Head that the officer may have engaged in any misconduct while the remedial action is being taken, prevent the Department Head from dealing with the alleged misconduct as a disciplinary matter under this section.