sec.7.12When disciplinary proceeding must be started

### sec.7.12 When disciplinary proceeding must be started A disciplinary proceeding against the subject officer must start within the latest of the following periods to end— 1 year from the date the ground for disciplinary action arises; 6 months from the date the complaint mentioned in section 7 .2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC; if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with. For this section, a period for which the subject officer is absent from duty is not counted if the commissioner can demonstrate the absence caused or contributed to a delay in starting a disciplinary proceeding. the subject officer is on leave the subject officer is suspended from duty For this part, a disciplinary proceeding starts when an invitation under section 7 .17 or disciplinary proceeding notice for the proceeding is given to the subject officer by the prescribed officer. In this section— relevant proceeding means either of the following proceedings, in relation to conduct that substantially relates to the ground for disciplinary action— a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A .1(1)(b); a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent. s 7.12 ins 2019 No. 32 s 9 amd 2023 No. 7 s 54 (sec.7.12-ssec.1) A disciplinary proceeding against the subject officer must start within the latest of the following periods to end— 1 year from the date the ground for disciplinary action arises; 6 months from the date the complaint mentioned in section 7 .2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC; if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with. (sec.7.12-ssec.2) For this section, a period for which the subject officer is absent from duty is not counted if the commissioner can demonstrate the absence caused or contributed to a delay in starting a disciplinary proceeding. the subject officer is on leave the subject officer is suspended from duty (sec.7.12-ssec.3) For this part, a disciplinary proceeding starts when an invitation under section 7 .17 or disciplinary proceeding notice for the proceeding is given to the subject officer by the prescribed officer. (sec.7.12-ssec.4) In this section— relevant proceeding means either of the following proceedings, in relation to conduct that substantially relates to the ground for disciplinary action— a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A .1(1)(b); a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent. - (a) 1 year from the date the ground for disciplinary action arises; - (b) 6 months from the date the complaint mentioned in section 7 .2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC; - (c) if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with. - • the subject officer is on leave - • the subject officer is suspended from duty - (a) a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A .1(1)(b); - (b) a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent.