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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 70
Suspension of employees from duty pending decision in relation to misconduct, criminal charge or corrupt conduct
70 Suspension of employees from duty pending decision in relation to
misconduct, criminal charge or corrupt conduct
(1) In this section--
"government sector agency" means-- (a) a Public Service agency, and
(a1) that
part of the NSW Police Force comprising administrative employees under the
Police Act 1990 , and
(b) any other government sector agency prescribed by
the regulations for the purposes of this section.
(2) If-- (a) an allegation
of misconduct by an employee of a government sector agency is being dealt with
by the person who exercises employer functions in relation to the employee
(the
"employer" ), or
(b) an employee of a government sector agency is charged
with a serious offence referred to in section 69,
the employer may suspend the
employee from duty until the allegation of misconduct or the criminal charge
has been dealt with and any subsequent action has been taken by the employer.
(3) If the Independent Commission Against Corruption-- (a) has made a corrupt
conduct finding against an employee of a government sector agency of a kind
referred to in section 114A of the Independent Commission Against Corruption
Act 1988 , or
(b) is conducting an investigation into the conduct of any such
employee that may lead to such a finding,
the employer may suspend the
employee from duty until the completion of any such investigation and, in the
case of any such finding, until any subsequent action has been taken by the
employer.
(4) The employer may direct that any remuneration payable to an
employee while the employee is suspended from duty under this section is to be
withheld.
(5) If-- (a) the employer takes action against the employee for the
misconduct or the corrupt conduct finding, or
(b) the employee is convicted
of the offence concerned,
any remuneration so withheld is forfeited to the
State unless the employer otherwise directs or that remuneration was due to
the employee in respect of a period before the suspension was imposed.
(6)
The employer may at any time remove a suspension under this section.
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