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.