Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 137

137 Suspension

(1) The chief executive of a department may, by notice, suspend a person from duty if the chief executive reasonably believes—

(a) for a public service officer—the proper and efficient management of the department might be prejudiced if the officer is not suspended; or

(b) for a public service employee—the employee is liable to discipline under a disciplinary law.

(2) The notice must state—

(a) when the suspension starts and ends; and

(b) whether the person is entitled to remuneration for the period of the suspension; and

(c) the effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration.

(3) However, before suspending the person, the chief executive must consider all reasonable alternatives, including alternative duties, a temporary transfer or another alternative working arrangement, that are available to the person.

(4) A public service employee is entitled to normal remuneration during a suspension, unless—

(a) the person is suspended under subsection (1) (b) ; and

(b) the chief executive considers it is not appropriate for the employee to be entitled to normal remuneration during the suspension, having regard to the nature of the discipline to which the chief executive believes the person is liable.

(5) If the person is entitled to normal remuneration during the suspension, any amount earned by the person from alternative employment the person engages in during the period of the suspension must be deducted from person’s normal remuneration, unless—

(a) the person was engaged in the employment at the time of the suspension; and

(b) the person, in engaging in the employment, was not contravening—

(i) this Act; or

(ii) a standard of conduct applying to the person under an approved code of conduct or standard of practice under the Public Sector Ethics Act 1994 .

(6) The deduction under subsection (5) must not be more than the amount of the person’s normal remuneration during the period of the suspension.

(7) The continuity of the person’s service as a public service employee is taken not to have been broken only because of the suspension.

(8) The chief executive may cancel the suspension at any time.

(9) In suspending a public service employee under this section, the chief executive must comply with—

(a) the principles of natural justice; and

(b) this Act; and

(c) the directive made under section 137A .

(10) However, natural justice is not required if the person is entitled to normal remuneration during the suspension.