63CRevocation and variation of directions

63C Revocation and variation of directions

(1) If an unattached officer has been given a direction under subparagraph 63B (1) (c) (ii), paragraph 63B (1) (d), subparagraph 63B (2) (c) (ii) or paragraph 63B (2) (d), the direction may be revoked in accordance with this section, but, subject to paragraph 63R (1) (e), must not otherwise be revoked or rescinded.

(2) If an unattached officer is given a direction under subparagraph 63B (1) (c) (ii), paragraph 63B (1) (d), subparagraph 63B (2) (c) (ii) or paragraph 63B (2) (d):

(a) the relevant Secretary may:

(i) revoke the direction at any time, upon application by the unattached officer or otherwise; or

(ii) if the relevant Secretary is satisfied that the unattached officer is suffering or has suffered hardship — subject to any determination under section 82D, direct that the unattached officer be paid the whole or part of the unattached officer’s salary for the whole or part of the period during which the direction is in force; and

(b) if the direction continues in force for more than 30 days, the relevant Secretary must consider, immediately after the 30th day after the giving of the direction, whether:

(i) the direction should be revoked; or

(ii) a direction of the kind referred to in subparagraph (a) (ii) should be given.

(3) If, after an unattached officer has been given a direction under paragraph 63B (1) (c) or (d) in circumstances referred to in subparagraph 63B (1) (a) (ii):

(a) the unattached officer is charged with misconduct, or with 2 or more acts of misconduct, and the charge or each charge is found not to have been proved by the officer holding the inquiry or by a Disciplinary Appeal Committee or is withdrawn; or

(b) an officer authorised for the purposes of subsection 61 (2) decides that the unattached officer should not be charged with misconduct;

the relevant Secretary must revoke the direction where the direction has not previously been revoked.

(4) If:

(a) an unattached officer has, by reason of having been charged with a criminal offence or with 2 or more criminal offences, been given a direction under paragraph 63B (1) (c) or (d); and

(b) a condition specified in subsection (5) is fulfilled in respect of the charge or of each of the charges;

the relevant Secretary must revoke the direction where the direction has not previously been revoked.

(5) For the purposes of paragraph (4) (b), the conditions in respect of a charge are:

(a) the condition that, upon the hearing of the charge, the unattached officer neither pleads guilty to the charge nor is found guilty of the criminal offence with which the unattached officer is charged or of any other criminal offences established by the evidence given upon the hearing of the charge; and