57Continuation of disciplinary matters under old Regulations

57 Continuation of disciplinary matters under old Regulations

(1) This regulation applies if, before the commencement of these Regulations, a member has engaged in conduct described in regulation 44 of the old Regulations and—

(a) the member has not yet been charged under regulation 48 of the old Regulations in relation to that conduct, whether or not the member is being investigated in relation to that conduct; or

(b) the member has been charged under regulation 48 of the old Regulations in relation to that conduct and the matter has not yet been heard; or

(c) a decision has been made under regulation 49(3) of the old Regulations and—

(i) the period for lodging an appeal referred to in regulation 53 of the old Regulations has not yet expired; or

(ii) the member has appealed that decision and the appeal has not yet been heard.

(2) On and from the commencement of these Regulations, this Division applies in relation to the conduct, including as follows—

(a) the Chief Officer, in accordance with Subdivision 2, may restrict the member from performing specified duties or suspend the member's enrolment;

(b) the conduct may be investigated, and an outcome of that investigation may be determined, in accordance with Subdivision 3;

(c) the matter may be heard and determined in accordance with Subdivision 4;

(d) the member may appeal any decision made in relation to the matter in accordance with Subdivision 5;

(e) any appeal may be heard and determined in accordance with Subdivision 5.

(3) Despite subregulation (2) and regulations 68(2) and 74(2), if a hearing officer or the Appeal Panel decides to take disciplinary action against the member in relation to the conduct, the hearing officer or Appeal Panel may take one or more disciplinary actions described in regulation 45 of the old Regulations against the member.

(4) In this regulation—

old Regulations means the Country Fire Authority Regulations 2014[1] as in force before their revocation.

See also sections 28 and 30 of the Interpretation of Legislation Act 1984.

Subdivision 2—Interim restriction of duties or suspension