Fire and Emergency Services Regulations 2021
Subdiv 4Conduct and discipline of members
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Subdivision 4—Conduct and discipline of members 21—Discipline of members (1) A member of an SACFS organisation who, in the performance of official duties or otherwise— (a) contravenes or fails to comply with— (i) a provision of the Act or these regulations; or (ii) a provision of a code of conduct for SACFS published by the Chief Officer; or (iii) a direction or order given to the person as a member of SACFS by a person with authority to give that direction or order; or (iv) a provision of the SACFS organisation's constitution; or (b) behaves in a manner that— (i) reflects or is likely to reflect adversely on SACFS; or (ii) is prejudicial to good order and discipline in SACFS; or (c) without sufficient cause, disobeys a lawful direction to carry out official duties promptly and diligently; or (d) is negligent in carrying out a lawful duty or direction; or (e) improperly obtains or seeks to obtain a benefit or advantage for themself or another person from their position or rank as a SACFS member; or (f) makes improper use of SACFS property or equipment, is liable to disciplinary action. (2) If the Deputy Chief Officer, suspects on reasonable grounds that a member of an SACFS organisation may be liable to disciplinary action, the Deputy Chief Officer may carry out an investigation in relation to the matter. (3) The Chief Officer may, pending the outcome of any process under this regulation and if the Chief Officer thinks fit, suspend the member from service with SACFS. (4) If, after an investigation, the Deputy Chief Officer recommends to the Chief Officer that there are grounds for disciplinary action against the member, the Chief Officer— (a) must give notice in writing of that fact to the member; and (b) may— (i) after observing the requirements of section 70(12) of the Act, determine to take action under section 70(11) of the Act (on reasonable grounds); or (ii) determine not to take action in relation to the matter. (5) The Chief Officer may, on the basis of a determination under subregulation (4)(b)(i)— (a) reprimand the member; (b) suspend the member for a specified period. The disciplinary powers prescribed are in addition to the powers set out in section 70(11) of the Act. (6) The Chief Officer may appoint another officer to exercise and perform the powers and functions of the Deputy Chief Officer under this regulation.