38Suspension of firefighters from duty by authorised officers

38 Suspension of firefighters from duty by authorised officers

38 Suspension of firefighters from duty by authorised officers

(1) An officer authorised by the Commissioner for the purposes of this section (an authorised officer) may suspend a firefighter from duty if, in the officer’s opinion—

(a) the firefighter has engaged in misconduct, and

(b) a failure to suspend the firefighter may pose a risk to the safety and protection of other people or prevent other firefighters from adequately performing their duties.

(2) A firefighter may be suspended under subsection (1) whether or not a complaint of misconduct has been made against the firefighter.

(3) A firefighter may not be suspended unless all reasonable steps have been taken to ensure that the firefighter has been—

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

(b) given an opportunity to respond.

(4) A suspension under this section—

(a) has effect for the period, that is not more than 14 days, specified by the authorised officer, and

(b) may be terminated at any time by the Commissioner.

(5) If a suspension relates to the unauthorised absence from duty of a firefighter, the suspension is taken to have commenced when the unauthorised absence began, unless the Commissioner determines otherwise.

(6) An authorised officer who suspends a firefighter must, as soon as practicable, report the suspension and the reason for it to the Commissioner.