After section 117
insert:
Part XII — Savings and transitional provisions for
Custodial Legislation (Officers Discipline) Amendment Act 2014
The purpose of this
Part is to enact savings and transitional provisions in relation to the
Custodial Legislation (Officers Discipline) Amendment Act 2014
Part 2.
119. Disciplinary offences before commencement day
(1) In this
section —
commencement day means the day on which the
Custodial Legislation (Officers Discipline) Amendment Act 2014
Part 2 comes into operation;
former disciplinary provisions means Part X as it
was in force immediately before the commencement day;
misconduct , by a prison officer, means conduct by
the prison officer that is or is reasonably suspected to be —
(a)
substandard performance or a breach of discipline, as those terms are defined
in the Public Sector Management Act 1994 ; or
(b)
conduct that may result in the chief executive officer taking removal action,
as defined in section 99, in relation to the prison officer;
penalty , under Part X, includes removal of a
prison officer.
(2) Proceedings for a
disciplinary offence instituted under the former disciplinary provisions that
are pending immediately before the commencement day are to be dealt with and
determined under those provisions as if the Custodial Legislation (Officers
Discipline) Amendment Act 2014 Part 2 had not come into operation.
(3) Part X applies to
misconduct committed, or suspected of having been committed, by a prison
officer before the commencement day but in relation to which proceedings for a
disciplinary offence have not been instituted under the former disciplinary
provisions.
(4) However, if
misconduct occurring before the commencement day would have constituted a
disciplinary offence under the former disciplinary provisions, a penalty
cannot be imposed under Part X in relation to the misconduct unless that
penalty would also have been able to be imposed for the disciplinary offence
under the former disciplinary provisions.