60Removal and variation of suspension relating to Secretaries of Departments

##### 60 Removal and variation of suspension relating to Secretaries of Departments (1) Where an officer has been suspended from duty under section 57 or 59, the suspension may be removed in accordance with this section, but, subject to paragraph 63R(1)(e), shall not otherwise be removed, revoked or rescinded. (2) Where an officer is suspended from duty under section 59: (a) the Minister may, at any time, whether upon application by the officer or otherwise, remove the suspension; and (b) the Minister shall, if the suspension continues for more than 30 days, forthwith after the suspension has continued for more than 30 days, consider whether the suspension should be removed. (3) Where: (a) an officer has been suspended under section 57; and (b) the charge, or each charge, in connexion with which he has been so suspended: (i) is found by the Board of Inquiry established to inquire into it not to have been proved; or (ii) is withdrawn; the Minister shall remove the suspension. (4) Where: (a) an officer has, by reason of his having been charged with a criminal offence, or with 2 or more criminal offences, been directed to perform temporarily other duties or has been suspended from duty, under section 59; and (b) a condition specified in subsection (5) is fulfilled in respect of the charge, or of each of the charges, as the case may be; the Minister shall, if the direction has not previously been revoked or the suspension has not previously been removed, revoke the direction or remove the suspension, as the case requires. (5) For the purposes of paragraph (4)(b), the conditions are: (a) the condition that, upon the hearing of the charge, the officer neither pleads guilty to the charge nor is found guilty of the criminal offence with which he is charged or of any other criminal offence established by the evidence given upon the hearing of the charge; and (b) the condition that the charge is not proceeded with. (6) Where the suspension of an officer who had, after having been suspended under section 59, sought and been granted leave of absence for a part of the period of suspension, is required to be removed under subsection (4) or would have been required to be so removed if it had not previously been removed, the officer is entitled to a credit of a period of leave of absence equal to that part of the period of suspension. (7) Where an officer who has been suspended from duty under section 57 or 59 is dismissed from the Service, the period during which the officer is suspended from duty does not count as service for any purposes. (8) Where an officer retires from the Service or dies while he is suspended from duty under section 57 or 59, the Board shall determine whether the whole, or any part, of the officer’s period of suspension is to form part of the officer’s period of service for any purpose under this Act or any other Act, and, if so, the purposes for which it is to form part of his period of service. (9) Where an officer is under suspension from duty in respect of misconduct or a criminal offence immediately before the Governor‑General takes action, or decides not to take action, with respect to the misconduct or offence, the suspension ceases upon the Governor‑General taking that action or deciding not to take any action. (10) The revocation of a direction under subsection 59(1) that an officer perform other duties, or the removal of the suspension under that subsection of an officer from duty, in circumstances (other than circumstances where the direction is required to be revoked or the suspension is required to be removed) does not prevent the officer from being directed to perform other duties, or being suspended from duty, in accordance with that subsection, as if the previous direction or suspension had not taken place.