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Police Administration Act 1978
81Member's response to notice for alleged breach of discipline
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81 Member's response to notice for alleged breach of discipline
(1) Where the Commissioner or prescribed member is satisfied with the
response provided by a member served with a notice under
section 84F, the Commissioner or prescribed member shall take no
further action on the matter.
(2) Where a member served with a notice under section 84F admits the
breach of discipline or does not respond to the notice within the
period specified in the notice, the Commissioner or prescribed
(a) take no further action on the matter;
(b) counsel and caution the member;
(c) cause the member to be formally cautioned in writing; or
(d) where the Commissioner or prescribed member considers the
breach of discipline is of such a serious nature that action
under paragraph (a), (b) or (c) is not appropriate:
(i) in the case of the Commissioner – take such action
under section 84D as the Commissioner thinks
appropriate as if the Commissioner had received a
report prepared under section 84C(1)(b); or
(ii) in the case of the prescribed member:
(A) take such action in relation to, or impose such a
fine on, the member as the prescribed member has
power to take or impose under this Act; or
(B) report the breach of discipline to the Commissioner
recommending a course of action that the
Commissioner might consider taking under
section 84D.
Police Administration Act 1978 42
(3) Where a member served with a notice under section 84F:
(a) does not respond to the notice within the period specified in
the notice and the Commissioner or prescribed member does
not consider action under subsection (2) is appropriate;
(b) responds to the notice within the period specified but does not
admit the breach of discipline; or
(c) provides an explanation that the Commissioner or prescribed
member does not consider satisfactory,
the Commissioner or prescribed member may arrange for an
investigation to be carried out by a member or members to
determine whether the member has in fact committed a breach of