36Disciplinary action may be taken if firefighter is convicted of serious offence

36 Disciplinary action may be taken if firefighter is convicted of serious offence

36 Disciplinary action may be taken if firefighter is convicted of serious offence

(1) If a firefighter is convicted of a serious offence, the Commissioner may decide to—

(a) take disciplinary action against the firefighter in accordance with the procedural guidelines, or

(b) take remedial action against the firefighter, or

(c) take action against the firefighter under section 34 as if the firefighter had been found to have engaged in misconduct.

(2) Before disciplinary action is taken against a firefighter under subsection (1)(a), the firefighter must be given an opportunity to make a submission in relation to the disciplinary action the Commissioner is considering taking.

(3) For subsection (1), a firefighter is convicted of a serious offence if the firefighter—

(a) is convicted of an offence in New South Wales that is punishable by imprisonment for 12 months or more, or

(b) is convicted elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more, or

(c) is found guilty by a court of an offence described in paragraph (a) or (b) but no conviction is recorded.