ACTIn ForceAct
Public Health Act 1997
15DNon-public servant analysts—suspension or cancellation
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15D Non-public servant analysts—suspension or cancellation
of appointment
(1) This section applies to a person who is not a public servant and who
is appointed as an analyst.
(2) The director-general may suspend the person’s appointment for no
longer than 1 year, or cancel the person’s appointment, (the proposed
action) if satisfied, on reasonable grounds, that—
(a) the person has breached a condition of the person’s
appointment; or
(b) the person has otherwise contravened an Act mentioned in
section 15A (1) or another territory law under which the person
exercises a function; or
(c) the person is not a suitable person to hold the appointment
because of misbehaviour or physical or mental incapacity.
Note The person’s appointment also ends if the person resigns (see Legislation
Act, s 210).
(3) Before suspending or cancelling the appointment, the
director-general must give the person a written notice—
(a) stating the grounds on which the director-general proposes to
take the proposed action; and
(b) stating the facts that, in the director-general’s opinion, establish
the grounds; and
(c) stating the proposed action; and
(d) telling the person that the person may, within 14 days beginning
the day after receiving the notice, give a written response to the
director-general about the matters in the notice.
(4) In deciding whether to suspend or cancel the appointment the
director-general must consider any response given to the
director-general under subsection (3) (d).
(5) If the director-general is satisfied that grounds for taking action under
this section have been established, the director-general may—
(a) if the proposed action was to cancel the appointment—either
cancel the appointment or suspend the appointment for a period
of not longer than 1 year; or
(b) if the proposed action was to suspend the appointment for a
stated period—suspend the appointment for a period of not
longer than that period.
(6) The director-general must give the person written notice of the
director-general’s decision.
(7) The director-general’s decision takes effect on the day that notice of
the director-general’s decision is given to the person or, if the notice
states a later date of effect, that date.