sec.101Suspension

### sec.101 Suspension A public sector employee’s chief executive may, by notice, suspend the employee from duty if the chief executive reasonably believes— the employee is liable to discipline under a disciplinary law; or the proper and efficient management of the entity might be prejudiced if the employee is not suspended. The notice must state— when the suspension starts and ends; and whether the employee is entitled to remuneration for the period of the suspension; and the effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration for the period of the suspension. However, before suspending the employee, the chief executive must consider all reasonable alternatives available to the employee. alternative duties a change in the location where the employee performs duties another alternative working arrangement The employee is entitled to normal remuneration for the period of the suspension, unless— the employee is suspended under subsection (1) (a) ; and the employee’s chief executive considers it is not appropriate for the employee to be entitled to normal remuneration for the period of the suspension, having regard to the nature of the discipline to which the chief executive believes the employee is liable. If the employee is entitled to normal remuneration for the period of the suspension, any amount earned by the employee from engaging in alternative employment during the period of the suspension must be deducted from the employee’s normal remuneration, unless— the employee was engaged in the employment at the time of the suspension; and the employee, in engaging in the employment, was not contravening— this Act; or a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 . The deduction under subsection (5) must not be more than the amount of the employee’s normal remuneration during the period of the suspension. The continuity of the employee’s service as a public sector employee is taken not to have been broken only because of the suspension. The chief executive may cancel the suspension at any time. In suspending a public sector employee under this section, the chief executive must comply with the directive made under section 102 . Procedural fairness is not required if the employee is entitled to normal remuneration during the suspension. (sec.101-ssec.1) A public sector employee’s chief executive may, by notice, suspend the employee from duty if the chief executive reasonably believes— the employee is liable to discipline under a disciplinary law; or the proper and efficient management of the entity might be prejudiced if the employee is not suspended. (sec.101-ssec.2) The notice must state— when the suspension starts and ends; and whether the employee is entitled to remuneration for the period of the suspension; and the effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration for the period of the suspension. (sec.101-ssec.3) However, before suspending the employee, the chief executive must consider all reasonable alternatives available to the employee. alternative duties a change in the location where the employee performs duties another alternative working arrangement (sec.101-ssec.4) The employee is entitled to normal remuneration for the period of the suspension, unless— the employee is suspended under subsection (1) (a) ; and the employee’s chief executive considers it is not appropriate for the employee to be entitled to normal remuneration for the period of the suspension, having regard to the nature of the discipline to which the chief executive believes the employee is liable. (sec.101-ssec.5) If the employee is entitled to normal remuneration for the period of the suspension, any amount earned by the employee from engaging in alternative employment during the period of the suspension must be deducted from the employee’s normal remuneration, unless— the employee was engaged in the employment at the time of the suspension; and the employee, in engaging in the employment, was not contravening— this Act; or a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 . (sec.101-ssec.6) The deduction under subsection (5) must not be more than the amount of the employee’s normal remuneration during the period of the suspension. (sec.101-ssec.7) The continuity of the employee’s service as a public sector employee is taken not to have been broken only because of the suspension. (sec.101-ssec.8) The chief executive may cancel the suspension at any time. (sec.101-ssec.9) In suspending a public sector employee under this section, the chief executive must comply with the directive made under section 102 . (sec.101-ssec.10) Procedural fairness is not required if the employee is entitled to normal remuneration during the suspension. - (a) the employee is liable to discipline under a disciplinary law; or - (b) the proper and efficient management of the entity might be prejudiced if the employee is not suspended. - (a) when the suspension starts and ends; and - (b) whether the employee is entitled to remuneration for the period of the suspension; and - (c) the effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration for the period of the suspension. - • alternative duties - • a change in the location where the employee performs duties - • another alternative working arrangement - (a) the employee is suspended under subsection (1) (a) ; and - (b) the employee’s chief executive considers it is not appropriate for the employee to be entitled to normal remuneration for the period of the suspension, having regard to the nature of the discipline to which the chief executive believes the employee is liable. - (a) the employee was engaged in the employment at the time of the suspension; and - (b) the employee, in engaging in the employment, was not contravening— (i) this Act; or (ii) a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 . - (i) this Act; or - (ii) a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 . - (i) this Act; or - (ii) a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 .