30Issuing of procedural guidelines

#### 30 Issuing of procedural guidelines 30 Issuing of procedural guidelines > > (1) The Secretary may, from time to time, issue guidelines for the purposes of— > > > > > (a) dealing with allegations of misconduct against permanent employees as a disciplinary matter, and > > > > > (b) the taking of disciplinary action with respect to permanent employees under this Part, including disciplinary action in relation to unsatisfactory performance, and > > > > > (c) any other matter referred to in this Part. > > > (2) The procedural guidelines must be consistent with the rules of procedural fairness. > > > (3) Without limiting subsection (2), the procedural guidelines are to ensure that— > > > > > (a) a permanent employee to whom an allegation of misconduct relates— > > > > > > > (i) is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the permanent employee, and > > > > > > > (ii) is given an opportunity to respond to the allegation, and > > > > > (b) a permanent employee against whom the Secretary is proposing to take disciplinary action under Division 3 is given a reasonable opportunity to make a submission in relation to that proposed action. > > > (4) The Secretary may from time to time amend, revoke or replace the procedural guidelines. > > > (5) The procedural guidelines as in force from time to time must be made publicly available in such manner as the Secretary thinks appropriate. > > > (6) 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 regulations prevail. > > > (7) The procedural guidelines may apply, adopt or incorporate the procedural guidelines issued under Part 4A of the [Teaching Service Act 1980](/view/html/inforce/current/act-1980-023) with such modifications as are necessary. > > **s 30:** Am 1999 No 94, Sch 4.109. Subst 2006 No 24, Sch 1.3 \[5\].