Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 81

Member's response to notice for alleged breach of discipline

    (1)     Where the Commissioner or prescribed member is satisfied with the response provided by a member served with a notice under section 84F, the Commissioner or prescribed member shall take no further action on the matter.

    (2)     Where a member served with a notice under section 84F admits the breach of discipline or does not respond to the notice within the period specified in the notice, the Commissioner or prescribed member may:

        (a)     take no further action on the matter;

        (b)     counsel and caution the member;

        (c)     cause the member to be formally cautioned in writing; or

        (d)     where the Commissioner or prescribed member considers the breach of discipline is of such a serious nature that action under paragraph (a), (b) or (c) is not appropriate:

            (i)     in the case of the Commissioner – take such action under section 84D as the Commissioner thinks appropriate as if the Commissioner had received a report prepared under section 84C(1)(b); or

            (ii)     in the case of the prescribed member:

(A)     take such action in relation to, or impose such a fine on, the member as the prescribed member has power to take or impose under this Act; or

(B)     report the breach of discipline to the Commissioner recommending a course of action that the Commissioner might consider taking under section 84D.

    (3)     Where a member served with a notice under section 84F:

        (a)     does not respond to the notice within the period specified in the notice and the Commissioner or prescribed member does not consider action under subsection (2) is appropriate;

        (b)     responds to the notice within the period specified but does not admit the breach of discipline; or

        (c)     provides an explanation that the Commissioner or prescribed member does not consider satisfactory,

the Commissioner or prescribed member may arrange for an investigation to be carried out by a member or members to determine whether the member has in fact committed a breach of discipline.



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