63BSuspension

##### 63B Suspension (1) Where: (a) an officer has been charged with having committed a criminal offence; or (b) an officer authorized for the purposes of subsection 61(2) has informed the relevant Secretary that he is of the opinion that an officer may have failed to fulfil his duty as an officer; and the relevant Secretary is of the opinion that it would be prejudicial to the effective operation of the Service, to the interests of the public or to the interests of the officer or his fellow officers if the officer were to continue to perform the duties of his existing office pending the hearing and determination of the criminal charge, the taking of a decision not to charge the officer with misconduct or the hearing and determination of any charge of misconduct laid against the officer, as the case may be, the relevant Secretary may, by notice in writing delivered to the officer: (c) direct the officer to perform temporarily other duties that he is qualified to perform (whether at the same or a different locality); or (d) suspend the officer from duty. (1A) Where: (a) either: (i) an officer has been convicted of a criminal offence; or (ii) without recording a conviction, a court has made a finding that an officer has committed a criminal offence; and (b) the officer is not subject to a direction or suspension under subsection (1); the relevant Secretary may, by written notice given to the officer: (c) direct the officer to perform temporarily other duties that he or she is qualified to perform (whether at the same or a different locality); or (d) suspend the officer from duty. (1B) A Secretary is not authorised to suspend an officer under paragraph (1A)(d) unless the Secretary is of the opinion that it would be prejudicial to: (a) the effective operation of the Service; or (b) the interests of the public, the officer or other officers; if the officer were to continue to perform the duties of his or her existing office pending the making of a decision under section 63 in relation to the officer. (1C) A Secretary is not authorised to suspend an officer under paragraph (1)(d) or (1A)(d) unless: (a) the Secretary has first given the officer an opportunity to be heard; or (b) the Secretary is of the opinion that it would not be appropriate, in the particular circumstances, to give the officer such an opportunity. (2) Except as provided by subsection (3), (4) or (5) or by section 63C, an officer who is suspended from duty under this section is not entitled to be paid salary in respect of the period during which he is so suspended. (3) Where an officer is, by reason of circumstances referred to in paragraph (1)(b), suspended from duty under this section before a decision is made whether or not he is to be charged with misconduct, he shall be suspended with salary: (a) in a case where an officer authorized for the purpose of subsection 61(2) decides that he should not be so charged—until that decision is made; or (b) in any other case—until he is charged. (4) Where an officer is suspended from duty under this section at a time when he is absent on leave of absence, the suspension does not prevent his receiving any salary to which he is entitled in respect of that period of leave of absence. (5) The suspension of an officer from duty under this section does not prevent the granting to the officer of leave of absence with salary. (6) An officer who is suspended from duty under this section is entitled to engage in employment outside the Service during any period of suspension from duty other than a period during which the officer is receiving salary.