sec.11.51Remedial action by commissioner

### sec.11.51 Remedial action by commissioner This section applies if the imposition of a disciplinary sanction or professional development strategy on a subject officer is, as subsequent action, validated under section 11.46. The commissioner must take all action ( remedial action ) necessary to impose the disciplinary sanction or professional development strategy from the day it has effect under section 11.46. Without limiting subsection (2), the commissioner may take the following remedial action— recover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement; exercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation; if the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40. An amount may be recovered under subsection (3)(a) by— deducting the amount from the subject officer’s fortnightly salary; or recovering the amount from the subject officer as a debt payable to the State. A deduction mentioned in subsection (4)(a) must not be made at a rate of more than 2 penalty units each fortnight without the written consent of the subject officer. Subsection (3)(a) does not apply to amounts paid to the subject officer for duties actually performed by the officer. amounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable amounts paid to the subject officer for working during the period for which the officer is taken to have been suspended Despite subsection (2), the commissioner may refrain from taking any or all remedial action if the commissioner is satisfied— taking the action would cause excessive hardship to the subject officer; and refraining from taking the action because of the excessive hardship is in the public interest. The commissioner may only delegate the commissioner’s power under subsection (7) to a police officer of the rank of deputy commissioner. To remove any doubt, it is declared that the commissioner may act under subsection (7) even if that action would, in effect, negate the imposition of the disciplinary sanction. s 11.51 ins 2023 No. 21 s 61 (sec.11.51-ssec.1) This section applies if the imposition of a disciplinary sanction or professional development strategy on a subject officer is, as subsequent action, validated under section 11.46. (sec.11.51-ssec.2) The commissioner must take all action ( remedial action ) necessary to impose the disciplinary sanction or professional development strategy from the day it has effect under section 11.46. (sec.11.51-ssec.3) Without limiting subsection (2), the commissioner may take the following remedial action— recover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement; exercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation; if the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40. (sec.11.51-ssec.4) An amount may be recovered under subsection (3)(a) by— deducting the amount from the subject officer’s fortnightly salary; or recovering the amount from the subject officer as a debt payable to the State. (sec.11.51-ssec.5) A deduction mentioned in subsection (4)(a) must not be made at a rate of more than 2 penalty units each fortnight without the written consent of the subject officer. (sec.11.51-ssec.6) Subsection (3)(a) does not apply to amounts paid to the subject officer for duties actually performed by the officer. amounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable amounts paid to the subject officer for working during the period for which the officer is taken to have been suspended (sec.11.51-ssec.7) Despite subsection (2), the commissioner may refrain from taking any or all remedial action if the commissioner is satisfied— taking the action would cause excessive hardship to the subject officer; and refraining from taking the action because of the excessive hardship is in the public interest. (sec.11.51-ssec.8) The commissioner may only delegate the commissioner’s power under subsection (7) to a police officer of the rank of deputy commissioner. (sec.11.51-ssec.9) To remove any doubt, it is declared that the commissioner may act under subsection (7) even if that action would, in effect, negate the imposition of the disciplinary sanction. - (a) recover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement; - (b) exercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation; - (c) if the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40. - (a) deducting the amount from the subject officer’s fortnightly salary; or - (b) recovering the amount from the subject officer as a debt payable to the State. - • amounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable - • amounts paid to the subject officer for working during the period for which the officer is taken to have been suspended - (a) taking the action would cause excessive hardship to the subject officer; and - (b) refraining from taking the action because of the excessive hardship is in the public interest.