63BDirections

63B Directions (1) If: (a) either: (i) an unattached officer has been charged with having committed a criminal offence; or (ii) an officer authorised for the purposes of subsection 61 (2) has informed the relevant Secretary that the officer has formed the belief, on reasonable grounds, that an unattached officer may have committed misconduct either before becoming, or while, an unattached officer; and (b) 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 unattached officer or other officers if the unattached officer were: (i) in the case of an unattached officer who holds an office, but is not performing duties, in the Department — to return to duty in that office; or (ii) in the case of an unattached officer who does not hold an office, and is not performing duties, in the Department — to return to duty in the Department; pending the hearing and determination of the criminal charge, the taking of a decision not to charge the unattached officer with misconduct or the hearing and determination of any charge of misconduct laid against the unattached officer, as the case may be; the relevant Secretary may, by notice in writing delivered to the unattached officer: (c) in the case of an unattached officer described in subparagraph (b) (i) — either: (i) direct the unattached officer to perform temporarily other duties that the unattached officer is qualified to perform (whether at the same or a different locality); or (ii) direct the unattached officer not to return to duty in the department; or (d) in the case of an unattached officer described in subparagraph (b) (ii) — direct the unattached officer not to return to duty in the department. (2) If: (a) either: (i) an unattached officer has been convicted of a criminal offence; or (ii) without recording a conviction, a court has made a finding that an unattached officer has committed a criminal offence; and (b) the unattached officer is not subject to a direction under subsection (1); the relevant Secretary may, by written notice given to the unattached officer: (c) in the case of an unattached officer described in subparagraph (1) (b) (i) — either: (i) direct the unattached officer to perform temporarily other duties that the unattached officer is qualified to perform (whether at the same or a different locality); or (ii) direct the unattached officer not to return to duty in the department; or (d) in the case of an unattached officer described in subparagraph (1) (b) (ii) — direct the unattached officer not to return to duty in the department. (3) A Secretary is not authorised to give a direction under subparagraph (2) (c) (ii) or paragraph (2) (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 unattached officer or other officers; if the unattached officer were to return to duty in the Department pending the making of a decision under section 63M in relation to the unattached officer. (4) A Secretary is not authorised to give a direction under subparagraph (1) (c) (ii), paragraph (1) (d), subparagraph (2) (c) (ii) or paragraph (2) (d) unless: (a) the Secretary has first given the unattached 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 unattached officer an opportunity of that kind. (5) Except as provided by subsection (6), (7) or (8) or by section 63C, an unattached officer to whom a direction is given under subparagraph (1) (c) (ii), paragraph (1) (d), subparagraph (2) (c) (ii) or paragraph (2) (d) is not entitled to be paid salary in respect of the period during which the unattached officer is not performing duty in the department. (6) If an unattached officer is given a direction under subparagraph 1 (c) (ii) or paragraph (1) (d) because of circumstances referred to in subparagraph (1) (a) (ii) before a decision is made whether or not the unattached officer is to be charged with misconduct, the unattached officer is entitled to be paid salary throughout the period commencing at the time of the giving of the direction and ending: (a) if an officer authorised for the purpose of subsection 61 (2) decides that the unattached officer should not be charged — at the time when that decision is made; or (b) in any other case — at the time when the unattached officer is charged. (7) If a direction is given to an unattached officer under subparagraph (1) (c) (ii), paragraph (1) (d), subparagraph (2) (c) (ii) or paragraph (2) (d) at a time when the unattached officer is absent on leave of absence, the direction does not prevent the unattached officer receiving any salary to which the unattached officer is entitled in respect of that period of leave of absence. (8) A direction under subparagraph (1) (c) (ii), paragraph (1) (d), subparagraph (2) (c) (ii) or paragraph (2) (d) does not prevent the granting to the unattached officer of leave of absence with salary. (9) An unattached officer to whom a direction is given under subparagraph (1) (c) (ii), paragraph (1) (d), subparagraph (2) (c) (ii) or paragraph (2) (d) is entitled to engage in employment outside the Service during any period during which an unattached officer is directed not to return to duty in the department other than a period during which the unattached officer is receiving salary under this Act.