Victorian Consolidated Regulations

VICTORIA STATE EMERGENCY SERVICE REGULATIONS 2017 - REG 22

    (1)     Subject to subregulation (2) and despite anything to the contrary in this Part, the Chief Officer, Operations may, at any time, suspend the membership of a registered member or a probationary member who is the subject of a complaint without conducting a hearing, if the Chief Officer, Operations believes that—

        (a)     if the misconduct were to be substantiated, the continued membership of the registered member or the probationary member would be likely to harm the operation or reputation of the Service; or

        (b)     the registered member or the probationary member is likely to engage in further misconduct if the membership of the registered member or the probationary member continues.

    (2)     The Chief Officer, Operations must not suspend a registered member or a probationary member under subregulation (1) if—

        (a)     the Chief Officer, Operations has referred the matter to the Authority for a hearing; and

        (b)     the Authority has commenced conducting, or has conducted, a hearing of the matter.

    (3)     A suspension under subregulation (1) may be for a specified period.

    (4)     The Chief Officer, Operations must give the registered member or the probationary member written notice of a suspension under subregulation (1) and the reasons for that suspension within 14 days after the date of the decision made under subregulation (1).

    (5)     If the Chief Officer, Operations decides to suspend the membership of a registered member or a probationary member under subregulation (1), the member must, on being given notice of the suspension under subregulation (4), comply with  regulation 39 as if the membership of the registered member or the probationary member was cancelled.

    (6)     A suspension under subregulation (1) ceases to have effect in the following circumstances (whichever occurs first)—

        (a)     if the suspension is for a specified period—upon the expiry of that period;

        (b)     if the complaint is withdrawn under regulation 12—immediately upon the registered member or the probationary member receiving written notice that the complaint has been withdrawn;

        (c)     if the Chief Officer, Operations dismisses the complaint under regulation 13(4)—immediately upon the registered member or the probationary member receiving written notice that the complaint has been dismissed;

        (d)     if the Chief Officer, Operations dismisses the complaint under regulation 17(3)(a) following an investigation—immediately upon the registered member or the probationary member receiving written notice that the complaint has been dismissed;

        (e)     if the Authority dismisses the matter under regulation 20(2) following a hearing—immediately upon the registered member or the probationary member receiving written notice that the matter has been dismissed;

        (f)     if the Authority takes further action against the registered member or the probationary member under regulation 21(2)(a), (b)
or (c) and does not take further action under  regulation 21(2)(d), (e), (f) or (g)—immediately upon the registered member or the probationary member receiving written notice of the further action;

        (g)     if the Authority takes further action under  regulation 21(2)(d), (e), (f) or (g) (whether or not the Authority also takes further action under regulation 21(2)(a), (b) or (c))—immediately upon that further action taking effect in accordance with regulation 26.