63LMisconduct while unattached officer

##### 63L Misconduct while unattached officer (1) An unattached officer may, as provided in the regulations, be charged with misconduct committed by him while he is or was an unattached officer. (2) The regulations may make provision for and in relation to the holding of an inquiry into a charge against an unattached officer under subsection (1). (3) If the person holding an inquiry into a charge under subsection (1) is satisfied that the unattached officer committed misconduct while an unattached officer, the person may cause the officer to be counselled by another officer. (3A) If the person is of the opinion that counselling is not sufficient, he or she may give one of the following directions: (a) a direction that the officer be admonished; (b) a direction that an amount not exceeding $500 be deducted from money due by the Commonwealth to the officer; (c) a direction that the officer’s classification be reduced to a specified lower classification and, if a range of salary is applicable to the lower classification, specifying the rate at which salary payable to the officer is to be paid; (d) a direction that the officer be dismissed from the Service. (3B) The reference in paragraph (3A)(b) to money due by the Commonwealth to an officer is to be read as follows: (a) if, when the direction is given, an officer is performing duties in a Department, the reference is to salary due to the officer; (b) in any other case, the reference is to any money due, or that becomes due, by the Commonwealth to the officer: (i) under this Act or under regulations or a determination under this Act; or (ii) under the Long Service Leave (Commonwealth Employees) Act 1976. (4) Where the person holding an inquiry into a charge under subsection (1) is satisfied that the unattached officer committed misconduct, he shall furnish to the officer particulars of his reasons for being so satisfied, and, if he gives a direction under subsection (3A) in respect of the misconduct, he shall also furnish to the officer particulars of his reasons for giving the direction. (5) Where a finding is made under this section that an unattached officer has committed misconduct as an unattached officer, the fact that the officer is, or is not, counselled, or that other action is, or is not, taken against the officer, in respect of the misconduct shall not be taken to preclude the Board or another body, or a Secretary or another person, from having regard to the finding in the course of exercising a power or performing a function conferred on it or him by this Act or by the regulations if the finding is relevant to the manner in which the power should be exercised or function should be performed. (6) A reference in subsection (5) to a finding does not include a reference to a finding that has been set aside by a Disciplinary Appeal Committee. (7) An unattached officer may be charged under this section in relation to a matter whether or not action has been or is being taken in respect of the matter otherwise than under this Act. (8) If: (a) a person is charged under this section; and (b) before the charge is determined, the person ceases to be an unattached officer but remains an officer; this Subdivision continues to apply to the person in relation to the charge, and any action may be taken by or against the person under this Subdivision in relation to the charge, as if the person were still an unattached officer. (9) If a person ceases to be an unattached officer but remains an officer: (a) the person may be charged under this section with any misconduct committed while the person was an unattached officer; and (b) this Subdivision applies to the person in relation to the charge; and (c) any action may be taken by or against the person under this Subdivision in relation to the charge; as if the person had remained an unattached officer. (10) Subsection (9) applies to a person who ceases to be an unattached officer, whether or not the cessation occurs after that subsection commences. (11) Subsection (9) applies to misconduct, whether or not the misconduct was committed after that subsection commences.