70Determination of incapacity

70 Determination of incapacity (1) This section applies if— (a) a notice of incapacity has been given to a police officer or protective services officer; and (b) the Chief Commissioner has considered any written submissions made, within 21 days after receipt of the notice, by the officer; and (c) the Chief Commissioner is satisfied that the officer is incapable of performing his or her duties. (2) The Chief Commissioner may, by written notice to the police officer or protective services officer— (a) transfer the officer to other duties that the Chief Commissioner believes are within the officer's capacity; or (b) reduce the officer's rank or seniority; or (c) take both actions specified in paragraphs (a) and (b); or (d) dismiss the officer. (3) A notice under subsection (2) must state the grounds on which the Chief Commissioner is satisfied that the officer is incapable of performing his or her duties. (4) If the Chief Commissioner reduces the officer's rank under subsection (2)(b) or (c), the Chief Commissioner must determine the officer's seniority in relation to other officers of the rank to which the officer has been reduced. This Division does not apply to Assistant Commissioners—see clause 13 of Part 3 of Schedule 1. Division 7—Protections