Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 59

59. (1) Where-

   (a)  an officer has been charged with having committed-

        (i)    an offence against a law of Australia or of a State or
               Territory; or

        (ii)   an offence against a law of a foreign country, being an offence
               which, if committed in Australia, would have constituted an
               offence against a law of Australia or of a State or Territory;
               or

   (b)  the Commission is of the opinion that an officer may have failed to
        fulfil his duty as an officer, and the Commission is of the opinion
        that it would be prejudicial to the effective operation of the
        Commission, to the interests of the public or to the interests of the
        officer and his fellow officers if the officer were to continue to
        perform the duties of his existing position, the Commission may, by
        notice in writing-

   (c)  suspend the officer from duty; or

   (d)  transfer the officer temporarily to another position for which he is
        qualified (whether at the same or a different locality) having the
        same classification as the position held by the officer.

(2) Where an officer is suspended from duty otherwise than by reason of
circumstances referred to in paragraph (1) (a) before he is charged with
misconduct, he shall, until an officer authorized for the purposes of
sub-section 58 (3) decides whether he should be charged, be deemed to be
absent on leave of absence with salary.

(3) Where an officer is suspended from duty at a time when he is absent on
leave of absence, the suspension does not prevent his receiving any salary to
which he is entitled during that period of absence.

(4) The suspension of an officer from duty does not prevent the granting to
the officer of leave of absence with salary.

(5) Except as provided by sub-section (2), (3) or (4) or by section 60, an
officer is not, unless the Commission, being satisfied that the officer is
suffering or has suffered hardship, otherwise directs, entitled to be paid
salary in respect of the period during which he is suspended.

(6) An officer who is suspended from duty is entitled to engage in paid
employment during any period of suspension without salary.