63DAppeals

##### 63D Appeals (1) A reference in this section to a decision in respect of an officer shall be read as a reference to a direction given in respect of the officer under subsection 62(6) or 63(1), not being: (a) a direction under subsection 62(6) that there be taken, in respect of the officer, action by way of: (i) admonishing the officer; (ii) causing a sum not exceeding $50 to be deducted from the officer’s salary; or (iii) transferring the officer to an office at the same locality, being an office for which the officer is qualified and which has the same classification as the officer; or (b) a direction under subsection 63(1) that there be taken, in respect of the officer, action by way of transferring the officer to an office at the same locality, being an office for which the officer is qualified and which has the same classification as the officer. (2) An officer may appeal to a Disciplinary Appeal Committee against a decision made in respect of him: (a) if the decision relates to a charge of misconduct—on either or both of the following grounds: (i) that the charge should have been dismissed; or (ii) that the action directed to be taken in relation to the charge is unduly severe; or (b) in any other case—on the ground that the action directed to be taken in respect of him is unduly severe. (3) A Disciplinary Appeal Committee shall hear each appeal submitted to it under subsection (2) and may confirm, vary or set aside the decision against which the appeal is made. (4) Where a decision in respect of an officer is varied by a Disciplinary Appeal Committee in such a manner as to direct the taking of action of a kind referred to in paragraph 62(6)(a) or 63(1)(c), the direction takes effect in respect of the officer immediately it has been given. (6) Where an officer appeals to a Disciplinary Appeal Committee under subsection (2) against a decision on the ground that the action directed to be taken in respect of him is unduly severe, the Committee shall take into consideration any evidence given on the hearing of the appeal: (a) of matters relating to the previous employment history and general character of the appellant; (b) if the officer was, under section 63B, suspended without salary in respect of the misconduct or offence to which the decision relates—of any loss of earnings arising from that suspension; and (c) if the officer is to be transferred to another office—of the expenses that will be incurred by the officer in connexion with that transfer. (7) A Disciplinary Appeal Committee shall give reasons, in writing, for its decision on an appeal under this section.