34Dealing with allegations of misconduct

34 Dealing with allegations of misconduct

34 Dealing with allegations of misconduct

(1) If the Commissioner is made aware of an allegation that a firefighter may have engaged in misconduct, the Commissioner may decide to—

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

(b) take remedial action in relation to the firefighter.

(2) If the Commissioner decides to deal with an allegation of misconduct under subsection (1)(a), the Commissioner may decide to take disciplinary action against the firefighter if, in the Commissioner’s opinion, the firefighter has engaged in misconduct.

(3) Before disciplinary action is taken against a firefighter under subsection (2), the firefighter must be given an opportunity to make a submission in relation to the disciplinary action the Commissioner is considering taking.

(4) If the Commissioner decides to deal with an allegation of misconduct under subsection (1)(a), the Commissioner may, at any stage of the process and despite anything to the contrary in the procedural guidelines, decide—

(a) to take remedial action in relation to the firefighter, or

(b) to dismiss the allegation, or

(c) that no further action be taken in relation to the matter.

(5) A decision under this section by the Commissioner to take remedial action in relation to a firefighter does not prevent the Commissioner from dealing with the alleged misconduct as a disciplinary matter under subsection (1)(a), if the Commissioner considers that the firefighter may have engaged in misconduct while the remedial action is being taken.

(6) If a firefighter fails to do anything required of the firefighter by remedial action taken in accordance with a decision under subsection (1)(b) or (4)(a), the Commissioner may decide to deal with the allegation against the firefighter as a disciplinary matter under subsection (1)(a).