440DTemporary suspension of staff in connection with serious corrupt conduct

#### 440D Temporary suspension of staff in connection with serious corrupt conduct 440D Temporary suspension of staff in connection with serious corrupt conduct > > (1) The general manager may suspend a member of staff of a council from duty— > > > > > (a) if the Independent Commission Against Corruption, in a report referred to in section 74C of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), recommends that consideration be given to the suspension of the member of staff from duty with a view to the institution of disciplinary or other proceedings against the member of staff for serious corrupt conduct, or > > > > > (b) if criminal proceedings for serious corrupt conduct are instituted against the member of staff, or > > > > > (c) if the member of staff makes an admission of serious corrupt conduct. > > > (2) If the general manager so directs, a member of staff, while suspended from duty under this section, is not entitled to any salary or other remuneration to which the person would otherwise be entitled as a member of staff. > > > (3) A suspension under this section may be removed by the general manager at any time. > > > (4) A suspension under this section is removed in the following circumstances— > > > > > (a) if disciplinary or criminal proceedings in connection with the serious corrupt conduct are not instituted within 6 months after the suspension, > > > > > (b) in the case of a member of staff against whom disciplinary or criminal proceedings are instituted in connection with the serious corrupt conduct—if the proceedings are withdrawn or dismissed. > > > (4A) However, if the suspension is based on a recommendation made by the Independent Commission Against Corruption or an admission made by the person and the person commences proceedings relating to the recommendation or admission— > > > > > (a) the suspension remains in effect while those proceedings and any related proceedings for review or appeal are dealt with, and > > > > > (b) subsection (4)(a) applies as if the reference to 6 months after the suspension were a reference to 6 months after those proceedings and any related proceedings for review or appeal are finally dealt with or withdrawn. > > > (5) If a suspension is removed, any salary or other remuneration withheld may (if the general manager so directs) be subsequently paid to the member of staff. > > > (6) The Minister may exercise the functions of the general manager under this section in connection with— > > > > > (a) conduct of a general manager, or > > > > > (b) conduct of any other member of staff (but only if the Minister is satisfied that the general manager has failed to act under this section without reasonable cause). > > > (7) This section does not limit any other power to suspend a member of staff from duty. > > **s 440D:** Ins 2002 No 19, Sch 1 \[4\]. Am 2015 No 37, Sch 1 \[24\].