New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 440D

440D Temporary suspension of staff in connection with serious corrupt conduct

(1) The general manager may suspend a member of staff of a council from duty--

(a) if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988 , recommends that consideration be given to the suspension of the member of staff from duty with a view to the institution of disciplinary or other proceedings against the member of staff for serious corrupt conduct, or

(b) if criminal proceedings for serious corrupt conduct are instituted against the member of staff, or

(c) if the member of staff makes an admission of serious corrupt conduct.

(2) If the general manager so directs, a member of staff, while suspended from duty under this section, is not entitled to any salary or other remuneration to which the person would otherwise be entitled as a member of staff.

(3) A suspension under this section may be removed by the general manager at any time.

(4) A suspension under this section is removed in the following circumstances--

(a) if disciplinary or criminal proceedings in connection with the serious corrupt conduct are not instituted within 6 months after the suspension,

(b) in the case of a member of staff against whom disciplinary or criminal proceedings are instituted in connection with the serious corrupt conduct--if the proceedings are withdrawn or dismissed.

(4A) However, if the suspension is based on a recommendation made by the Independent Commission Against Corruption or an admission made by the person and the person commences proceedings relating to the recommendation or admission--

(a) the suspension remains in effect while those proceedings and any related proceedings for review or appeal are dealt with, and

(b) subsection (4)(a) applies as if the reference to 6 months after the suspension were a reference to 6 months after those proceedings and any related proceedings for review or appeal are finally dealt with or withdrawn.

(5) If a suspension is removed, any salary or other remuneration withheld may (if the general manager so directs) be subsequently paid to the member of staff.

(6) The Minister may exercise the functions of the general manager under this section in connection with--

(a) conduct of a general manager, or

(b) conduct of any other member of staff (but only if the Minister is satisfied that the general manager has failed to act under this section without reasonable cause).

(7) This section does not limit any other power to suspend a member of staff from duty.