Victorian Current Acts

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


Suspension from duty

    (1)     If—

        (a)     the Secretary reasonably believes that there may be grounds under this Division for taking action against an employee; or

        (b)     an employee is charged with a criminal offence punishable by imprisonment or a fine—

the Secretary may suspend the employee from duty, with or without pay, by giving notice in writing to the employee.

    (2)     A suspension under subsection (1) continues, at the discretion of the Secretary, until the Secretary has made a determination whether or not to take action under this Division against the employee.

    (3)     If the Secretary takes action against an employee who then appeals to a Disciplinary Appeals Board or a court or tribunal, the Secretary may suspend the employee from duty, with or without pay, until the final determination of the appeal.

    (4)     Before deciding whether to suspend an employee from duty without pay, the Secretary must give the employee an opportunity to make a submission in writing to the Secretary addressing whether suspension without pay should occur.

    (5)     An employee who is suspended from duty without pay may engage in other employment if the employee first seeks the permission of the Secretary to do so.

    (6)     If an employee is suspended from duty under this Part and the employment of the employee is subsequently terminated, then unless the Secretary determines otherwise, the employee forfeits all salary or wages except any salary or wages due in respect of a period before the suspension.

    (7)     If grounds for action against an employee are not established, whether on appeal or otherwise, the Secretary must—

        (a)     immediately remove any suspension imposed in respect of those grounds; and

        (b)     ensure that the employee is paid any salary or wages due in respect of the period of suspension, together with any allowances that the Secretary thinks fit.

    (8)     The Secretary must not pay any allowances under subsection (7)(b) unless the employee has applied to the Secretary for the payment of those allowances.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback