Parliamentary Service Determination 2024
48Suspension from duties
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48 Suspension from duties
(1) This section is made for the purposes of section 28 of the Act.
(2) A Secretary may suspend a Parliamentary Service employee employed in the Secretary’s Department from duties if the Secretary believes on reasonable grounds that:
(a) the employee has, or may have, breached the Code of Conduct; and
(b) the employee’s suspension is in the public, or the Department’s, interest.
(3) The suspension may be with remuneration.
(4) If the suspension is to be without remuneration, the period without remuneration is to be not more than 30 days unless exceptional circumstances apply.
(5) The Secretary must review the suspension at reasonable intervals.
(6) The Secretary must immediately end the suspension if the Secretary no longer believes on reasonable grounds that:
(a) the Parliamentary Service employee has, or may have, breached the Code of Conduct; or
(b) the Parliamentary Service employee’s suspension is in the public, or the Department’s, interest.
(7) The Secretary must immediately end the suspension if a sanction has been imposed on the Parliamentary Service employee for the relevant breach of the Code of Conduct.
(8) In exercising powers under this section, the Secretary must have due regard to procedural fairness unless the Secretary is satisfied, on reasonable grounds, that this would not be appropriate in the particular circumstances.