Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

POLICE ADMINISTRATION ACT 1978 - SECT 90

Stand-down during review under section 88

    (1)     At any time after a notice under section 87 has been served on a member the Commissioner may, if of the opinion that it is desirable to do so:

        (a)     stand the member down from the Police Force for a period not exceeding 3 months;

        (b)     direct the member to take any leave that has accrued to the member under this Act; or

        (c)     transfer the member to perform other duties, including duties (and at a rate of salary) of a lower rank,

pending the explanation of the member under section 87 , the outcome of the review under section 88, the expiration of the period in which an appeal can be made, or where such an appeal is made, the final determination of the appeal,

        (d)     or do any one or more of those things, to have effect either concurrently or sequentially.

    (2)     Except as provided in this section, a decision of the Commissioner is final and is not capable of being reviewed in a court.

    (3)     The Commissioner may, from time to time, extend a period during which a member is stood down under subsection (1) for such periods, each not exceeding 3 months, as the Commissioner thinks fit.

    (4)     A member who is stood down under subsection (1) shall, unless the Minister otherwise directs, be paid salary during the period during which the member is stood down.

    (5)     Where a member appeals against the intention of the Commissioner to retire the member as referred to in section 89(d) and the appeal is allowed, the standing down of the member under this section terminates on the date on which the appeal is allowed.

    (6)     The standing down of a member under this section, unless it is sooner terminated, terminates on action being taken by the Commissioner under section 89(c) or (d).

    (7)     If for any reason other than retirement as referred to in section 89(d) a period during which a member is stood down under this section without salary comes to an end, the member shall be paid, in respect of that period, the salary to which the member would have been entitled had he not been stood down.

    (8)     Unless the Commissioner otherwise directs, a period during which a member is stood down under this section, other than a period that is terminated by or under this section, shall not be taken into account as service in calculating the person's sickness, recreation or long service leave entitlements as a member.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback