173Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance

173 Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance

173 Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance

(1) In this section—

non-reviewable action means action referred to in Schedule 1.

reviewable action means action referred to in subsection (2), other than non-reviewable action.

(2) The Commissioner may order that the following action be taken with respect to a police officer who engages in misconduct—

(a) a reduction of the police officer’s rank or grade,

(b) a reduction of the police officer’s seniority,

(c) a deferral of the police officer’s salary increment,

(d) any other action (other than dismissal or the imposition of a fine) that the Commissioner considers appropriate.

(3) The Commissioner may also order that action referred to in subsection (2) be taken with respect to a police officer whom the Commissioner has required to participate in a remedial performance program prescribed by the regulations and whose performance as a police officer after having participated in that program is, in the Commissioner’s opinion, still unsatisfactory.

(4) The Commissioner may make an order under subsection (2) or (3) whether or not the misconduct or unsatisfactory performance has been the subject of a misconduct matter or investigation under Part 8A or the Law Enforcement Conduct Commission Act 2016 and whether or not the police officer has been prosecuted or convicted for an offence in relation to the misconduct or unsatisfactory performance.

(5) Before making an order for reviewable action, the Commissioner—

(a) must cause to be served on the police officer a notice that identifies the misconduct or unsatisfactory performance (including all relevant facts and circumstances) on the basis of which the Commissioner intends to make the proposed order, and

(b) must give the police officer 7 days from the date of service of the notice within which to serve notice on the Commissioner that he or she intends to make written submissions to the Commissioner in relation to the proposed order, and

(c) must take into consideration any written submissions received from the police officer—