sec.40Discipline

sec.40 Discipline

An officer of or employee in the parliamentary service is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the Clerk to exist, namely— incompetence or inefficiency in the discharge of his or her duties; negligence, carelessness or indolence in the discharge of his or her duties; misconduct; absence from duty except— upon leave duly granted as prescribed; or with reasonable cause; wilful failure to comply with a lawful direction issued to the officer or employee by any person having authority over him or her; wilful failure to comply with any provision of a code of conduct approved by the Clerk for officers of and employees in the parliamentary service. Where action against a person is contemplated on a ground referred to in subsection (1) (d) the Clerk may appoint any medical practitioner or medical practitioners to examine that person and to report to the Clerk or as the Clerk directs upon that person’s mental or physical condition or both, and may direct that person to submit himself or herself to such examination. If the Clerk is satisfied that a person should be disciplined pursuant to subsection (1) , the Clerk may order that the person be disciplined in a manner that appears to the Clerk to be warranted, having regard to any relevant guidelines that may have been issued in relation to the exercise of discipline under this Act. Without limiting the range of disciplines that may be imposed pursuant to subsection (3) , such disciplines may consist of 1 or more of the following— dismissal; reprimand; forfeiture or deferment of a salary increment or increase; reduction in the person’s level of salary; a deduction from the person’s salary or wages of an amount not exceeding 2 penalty units. s 40 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 65 (sec.40-ssec.1) An officer of or employee in the parliamentary service is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the Clerk to exist, namely— incompetence or inefficiency in the discharge of his or her duties; negligence, carelessness or indolence in the discharge of his or her duties; misconduct; absence from duty except— upon leave duly granted as prescribed; or with reasonable cause; wilful failure to comply with a lawful direction issued to the officer or employee by any person having authority over him or her; wilful failure to comply with any provision of a code of conduct approved by the Clerk for officers of and employees in the parliamentary service. (sec.40-ssec.2) Where action against a person is contemplated on a ground referred to in subsection (1) (d) the Clerk may appoint any medical practitioner or medical practitioners to examine that person and to report to the Clerk or as the Clerk directs upon that person’s mental or physical condition or both, and may direct that person to submit himself or herself to such examination. (sec.40-ssec.3) If the Clerk is satisfied that a person should be disciplined pursuant to subsection (1) , the Clerk may order that the person be disciplined in a manner that appears to the Clerk to be warranted, having regard to any relevant guidelines that may have been issued in relation to the exercise of discipline under this Act. (sec.40-ssec.4) Without limiting the range of disciplines that may be imposed pursuant to subsection (3) , such disciplines may consist of 1 or more of the following— dismissal; reprimand; forfeiture or deferment of a salary increment or increase; reduction in the person’s level of salary; a deduction from the person’s salary or wages of an amount not exceeding 2 penalty units.