37Suspension of firefighters from duty pending decision in relation to misconduct or criminal charge

37 Suspension of firefighters from duty pending decision in relation to misconduct or criminal charge

37 Suspension of firefighters from duty pending decision in relation to misconduct or criminal charge

(1) The Commissioner may suspend a firefighter from duty if—

(a) an allegation that the firefighter has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, or

(b) a firefighter is charged with having committed an offence referred to in section 36(3).

(2) The Commissioner may suspend the firefighter from duty until—

(a) the allegation of misconduct or the criminal charge has been dealt with, or

(b) any action that the Commissioner is considering taking under section 34 or 36 has been completed.

(3) The Commissioner must not suspend the firefighter unless all reasonable steps have been taken to ensure the firefighter has been—

(a) informed of the reason for the proposed suspension, and

(b) given an opportunity to respond.

(4) The Commissioner may direct the salary payable to a person as a firefighter be withheld while the person is suspended from duty.

(5) The salary withheld under subsection (4) is forfeited to the State if—

(a) the Commissioner decides to take disciplinary action against the person for the misconduct, or

(b) the person is convicted of the offence.

(6) Despite subsection (5), the salary withheld under subsection (4) must be paid to the person if—

(a) the Commissioner directs the salary withheld be paid to the person, or

(b) the salary is due to the person for a period before the suspension was imposed.

(7) If the Commissioner has suspended a firefighter from duty under this section, the Commissioner may remove the suspension at any time.