10Breaches of Code of Conduct

10 Breaches of Code of Conduct

(1)  The Minister may impose one or more of the following sanctions on an employee who is found, under procedures established under subsection (3) , to have breached the Code of Conduct:

(a) counselling;

(b) a reprimand;

(c) deductions from salary by way of fine not exceeding 20 penalty units;

(d) reduction in salary within the range of salary applicable to the employee;

(e) reassignment of duties;

(f) reduction in classification;

(g) termination of employment in accordance with section 44 or 45 .

(2)  The Minister may delegate the power to impose any of the sanctions specified in subsection (1)(a) to (f) .

(3)  [Section 10 Subsection (3) amended by No. 42 of 2012, s. 5, Applied:04 Feb 2013] The Employer is to establish procedures for the investigation and determination of whether an employee has breached the Code of Conduct.

(4)  The procedures referred to in subsection (3)  –

(a) are to afford procedural fairness in the determination of whether an employee has breached the Code of Conduct; and

(b) may be different for different categories of employees; and

(c) may vary according to the circumstances of the alleged breach of the Code of Conduct.

(5)  [Section 10 Subsection (5) amended by No. 42 of 2012, s. 5, Applied:04 Feb 2013] An officer or an employee must not victimise, or discriminate against, another officer or employee because that officer or employee has reported breaches (or alleged breaches) of the Code of Conduct to the Employer, a Head of Agency or the Integrity Commissioner.