20ATermination by relevant Presiding Officer of employment for misconduct

#### 20A Termination by relevant Presiding Officer of employment for misconduct 20A Termination by relevant Presiding Officer of employment for misconduct > > (1) The employment of a person under this Part by a member of Parliament may be terminated by the relevant Presiding Officer after consulting the member of Parliament if the relevant Presiding Officer is satisfied that the staff member has engaged in misconduct. > > > (2) The relevant Presiding Officer may not terminate the employment of a staff member unless— > > > > > (a) the staff member is notified in writing of the proposed termination and the reasons for taking that action, and > > > > > (b) the staff member is given a reasonable opportunity to make submissions in relation to the proposed termination, and > > > > > (c) if any such submissions are made, the relevant Presiding Officer has taken those submissions into consideration. > > > (3) If— > > > > > (a) any matter relating to the misconduct by a staff member is being dealt with by the relevant Presiding Officer, or > > > > > (b) a staff member is charged with a serious offence, > > > > the relevant Presiding Officer may, after consulting the member of Parliament who employed the staff member, suspend the staff member from duty until the matter or the criminal charge has been dealt with and any subsequent action has been taken by the relevant Presiding Officer. Any such suspension may be removed by the relevant Presiding Officer at any time. > > > (4) The relevant Presiding Officer may direct that any remuneration payable to a staff member while the staff member is suspended from duty under this section is to be withheld. > > > (5) If, in the case of a staff member whose employment is suspended— > > > > > (a) the relevant Presiding Officer terminates the employment of the staff member for misconduct, or > > > > > (b) the staff member is convicted of the offence concerned, > > > > any remuneration so withheld is forfeited to the State unless the relevant Presiding Officer otherwise directs or that remuneration was due to the staff member in respect of a period before the suspension was imposed. > > > (6) Action may be taken or continued under this section in respect of a staff member despite the staff member resigning or otherwise ceasing to be employed by the member of Parliament concerned. > > > (7) A member of Parliament may not, except with the approval of the relevant Presiding Officer, employ a person under this Part if the person’s employment has been terminated at any time under this section. > > > (8) This section does not limit the power of a member of Parliament to dispense with the services of a staff member under section 20. > > > (9) This section has effect despite anything in the written agreement of employment of the staff member concerned. > > > (10) In this section— > > > > detrimental action has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > > > detrimental action offence has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > > > misconduct in relation to a staff member includes the following— > > > > > (a) taking action that constitutes a detrimental action offence, > > > > > (b) taking detrimental action against another person in circumstances where— > > > > > > > (i) the person taking the detrimental action suspects, believes or is aware, when taking the action, that any person has made, may have made, may make or proposes to make a disclosure about alleged misconduct by a staff member, and > > > > > > > (ii) the suspicion, belief or awareness, whether correct or incorrect, is a contributing factor in the taking of the detrimental action, > > > > > (c) a conviction or finding of guilt for a serious offence. > > > > The subject matter of any misconduct by a staff member may relate to an incident or conduct that happened while the staff member was not on duty, before his or her employment or before the commencement of this section. > > > > serious offence means an offence punishable by imprisonment for life or for 12 months or more (including an offence committed outside New South Wales that would be an offence so punishable if committed in New South Wales). > > > > staff member means a person who is employed under this Part by a member of Parliament. > > **s 20A:** Ins 2017 No 44, Sch 1.18 \[2\]. Am 2022 No 14, Sch 8.17\[1\] \[2\].