33Issuing of procedural guidelines

33 Issuing of procedural guidelines

33 Issuing of procedural guidelines

(1) The Commissioner may, from time to time, issue guidelines for the following purposes—

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

(b) the taking of disciplinary action against firefighters under this part,

(c) another 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 must ensure that—

(a) a firefighter to whom an allegation of misconduct relates is given—

(i) written advice of the alleged misconduct, including advice that the allegation may lead to disciplinary action being taken against the firefighter, and

(ii) an opportunity to respond to the allegation, and

(b) a firefighter against whom the Commissioner is proposing to take disciplinary action under Division 2 or 3 is given a reasonable opportunity to make a submission in relation to the proposed action.

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

(5) The Commissioner must not amend, revoke or replace the procedural guidelines unless the Commissioner has first consulted with the Fire Brigade Employees’ Union of NSW on the amendment, revocation or replacement.

Note—

The Industrial Relations Commission may deal with industrial disputes in relation to the privileges, rights, duties or obligations of employers or employees in any industry under the Industrial Relations Act 1996. See, in particular, that Act, Chapter 3.

(6) The procedural guidelines as in force from time to time must be published in the approved form and way.