62Inquiries into misconduct

##### 62 Inquiries into misconduct (1) Subject to subsection (2), where an officer is charged with misconduct under section 61, an inquiry shall, without undue delay, be held into the charge by the relevant Secretary or an officer appointed for the purpose by the relevant Secretary. (2) An inquiry into a charge shall not be held: (a) by an officer who has furnished a report in respect of any of the matters alleged to constitute the misconduct to which the charge relates; or (b) by the officer who laid the charge. (3) In an inquiry for the purposes of subsection (1), a formal hearing is not required, but the officer shall be notified that an inquiry is to be held into the alleged misconduct and given an opportunity to state, in writing, within 7 days or such longer period as the officer holding the inquiry may allow after the notice is furnished to him, whether he admits or denies the truth of the matters alleged to constitute the misconduct and to furnish a statement in relation to those matters, including a statement submitting that the matters alleged to constitute the misconduct are, even if true, incapable in law of constituting the misconduct for the purposes of this Act. (4) Where an officer has furnished a statement in relation to the matters alleged to constitute misconduct, the officer shall, if he so requests, be given the opportunity of making a further oral statement to the officer holding the inquiry and, if he does so, a written record of his further statement shall be made by that officer. (5) An officer who has been charged with misconduct under section 61 shall not, by reason only of having failed to deny the truth of a matter included among matters alleged to constitute the misconduct, be taken to have admitted the truth of that matter. (6) Where the officer holding an inquiry into a charge is satisfied that the officer charged has failed to fulfil his duty as an officer, he may counsel the officer, or cause the officer to be counselled by another officer, or, if he is of the opinion that other action is necessary: (a) may direct that there be taken, in respect of the officer, action by way of: (i) admonishing the officer; (ii) causing a sum not exceeding $500 to be deducted from the salary of the officer; (iii) if the officer occupies an office to which a range of salary is applicable and the salary payable to him is not the minimum salary in that range—reducing the salary of the officer to a specified salary and then, upon the expiration of a specified period, being a period of 12 months or less, increasing the salary of the officer to the salary that would have been payable to him if his salary had not been so reduced, or to a lesser salary specified in the direction; (iv) transferring the officer to a specified office (whether at the same or a different locality), being an office for which he is qualified and which has the same classification as the classification of the office held by him; (v) transferring the officer to a specified office (whether at the same or a different locality), being an office for which he is qualified and which has the same classification as the classification held by him and causing a sum, not exceeding $500, to be deducted from his salary; (vi) if the officer occupies an office to which a range of salary is applicable and the salary payable to him is not the minimum salary of that range—transferring the officer to a specified office (whether at the same or a different locality), being an office for which he is qualified and which has the same classification as the classification of the office held by him, reducing the salary of the officer to a specified salary and then, upon the expiration of a specified period, being a period of 12 months or less, increasing the salary of the officer to the salary that would have been payable to him if his salary had not been so reduced, or to a lesser salary specified in the direction; or (vii) transferring the officer to a specified office (whether at the same or a different locality), being an office for which he is qualified and which has a lower classification than the classification of the office held by him, and, if there is a salary range applicable to the officer so specified, determining that he be paid a specified salary within that range; or (b) may direct that the officer be dismissed from the Service. (9) Where the officer holding an inquiry into a charge gives a direction of a kind referred to in paragraph (6)(a) or (b) in respect of the officer charged, he shall furnish to the officer particulars of his reasons for giving that direction. (10) A direction under this section in respect of an officer takes effect: (a) if the officer has no right of appeal against the direction—on the day on which the officer is furnished with particulars of the reasons for the giving of the direction; or (b) if the officer has a right of appeal against the direction and appeals—on the lapsing or withdrawal of the appeal or on a Disciplinary Appeal Committee confirming the direction, whichever happens first; or (c) in any other case—at the end of the period within which the officer may appeal against the direction to a Disciplinary Appeal Committee.