ACTIn ForceAct
Public Sector Management Act
249Imprisonment
Start here
Get a plain-English read of 249
Turn the raw legal text into a practical explanation grounded in Public Sector Management Act.
249 Imprisonment
(1) This section applies if an officer in the service is—
(a) in custody awaiting trial for an offence; or
(b) in prison following conviction for an offence.
(2) The officer is taken to be on leave of absence without pay for the
period of custody or imprisonment unless—
(a) the employment of the officer is terminated for misconduct; or
(b) the head of service is satisfied that the officer is experiencing
hardship and is to be paid the whole or part of the officers’ salary
for a stated time.
(3) If the officers’ employment is not terminated for misconduct—
(a) a period of service before the custody or imprisonment must be
regarded as continuous with a period of service after the custody
or imprisonment; and
(b) the period of custody or imprisonment is not to be regarded as
service under this Act or any other Act, unless the head of
service decides otherwise.
(4) If, immediately before a period of custody or imprisonment, an
officer was suspended—the suspension is taken to be removed from
the start of the period of custody or imprisonment.
(5) An officer must not be suspended during a period of custody or
imprisonment.
suspended means suspended under an industrial instrument.