Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 49
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(1) If the Chief Executive Officer of an Agency is satisfied, on reasonable grounds, that an employee in the Agency has committed a breach of discipline, the Chief Executive Officer may take action against the employee under section 49C.
(2) For determining whether there are reasonable grounds as mentioned in subsection (1), the Chief Executive Officer may, subject to the Employment Instructions, do one or more of the following:
(a) obtain relevant information from persons as, and in the way, the Chief Executive Officer considers appropriate;
(b) consult with persons as the Chief Executive Officer considers appropriate;
(c) make inquiries as the Chief Executive Officer considers appropriate;
(d) if applicable, obtain a report from a health practitioner under section 49B.
(3) The Chief Executive Officer must not take disciplinary action against an employee unless satisfied:
(a) the action is appropriate and reasonable in the circumstances; and
(b) the employee:
(i) has been given written notice of the proposed action and the grounds for taking it; and
(ii) has been given a reasonable opportunity to show why the action should not be taken.
(4) As soon as practicable after making a decision under subsection (1), the Chief Executive Officer must give written notice of the decision to the employee.
(5) If the decision is to take disciplinary action, the notice must:
(a) give the reasons for the decision; and
(b) inform the employee of the employee's right to request a review under section 59 or to appeal under section 59A (as appropriate).
(6) A decision to take disciplinary action takes effect on the day the notice is given to the employee or a later day specified in the notice.
(1) This section applies if the Chief Executive Officer suspects, on reasonable grounds, that a breach of discipline was caused, or contributed to, by a physical or mental illness or disability of the employee.
(2) The Chief Executive Officer may engage a health practitioner, approved by the Commissioner, to determine whether the employee has a physical or mental illness or disability that may adversely affect the employee's performance of the duties he or she is assigned to perform.
(3) The employee must submit to examination by the health practitioner as directed by the Chief Executive Officer, and to any subsequent examinations or tests required by the health practitioner.
(4) The health practitioner must give a written report about the employee to the Chief Executive Officer.
(5) The report must set out the health practitioner's opinion as to the following:
(a) whether the employee has a physical or mental illness or disability that may adversely affect the employee's performance of those duties;
(b) if so:
(i) the likely direct or indirect effect of the illness or disability on the employee's performance of those duties; and
(ii) how long the illness or disability or its effects are likely to last;
(c) whether disclosure of the information in the report to the employee by the Chief Executive Officer might be prejudicial to the employee's health or wellbeing.
(6) Subject to subsection (7), the Chief Executive Officer must give a copy of the report to the employee as soon as practicable after the Chief Executive Officer receives it.
(7) If the health practitioner's opinion under subsection (5)(c) is that disclosure might be prejudicial to the employee's health or wellbeing, the Chief Executive Officer:
(a) must not disclose the information in the report to the employee; but
(b) if asked by the employee to do so, must give a copy of the report to another health practitioner nominated by the employee.
(1) If permitted under section 49A to take action against an employee, the Chief Executive Officer may:
(a) take no further action; or
(b) do one or more of the following:
(i) formally caution the employee;
(ii) order the employee to undertake training, counselling or other remedial activities the Chief Executive Officer considers appropriate in the circumstances;
(iii) require the employee to forego a benefit or entitlement arising from the employee's employment (other than a benefit or entitlement arising under an Act or award) for a period not exceeding one month;
(iv) order the employee to pay a fine of an amount not exceeding the employee's remuneration for 10 days;
(v) reduce the employee's salary within the range applicable for the employee's designation;
(vi) under section 35:
(A) transfer the employee to perform other duties in the Agency; or
(B) transfer, or request the Commissioner to transfer, the employee to perform duties in another Agency;
(vii) if the employee was suspended without remuneration under section 49E – order all or part of that period of suspension to be taken to be suspension imposed under this section;
(viii) suspend the employee without remuneration for a period the Chief Executive Officer considers appropriate; or
(c) terminate the employee's employment.
(2) The employee must comply with an order made under subsection (1)(b)(ii) or (iv) within the period specified in the order.
(3) The merit principle and section 36(3) do not apply in relation to a transfer under subsection (1)(b)(vi).
Note for subsection (3)
Because section 36(3) does not apply, a transfer may be made under section 49C(1)(b)(vi) that results in a reduction in the employee's designation.
(4) An employee who is suspended under subsection (1)(b)(viii) does not accrue any leave for the period of the suspension.
(1) This section applies if:
(a) the Chief Executive Officer of an Agency ( Agency A ) suspects that an employee committed a breach of discipline while employed in Agency A; and
(b) the Chief Executive Officer has not taken action against the employee under section 49C in relation to the breach; and
(c) the employee is now employed in another Agency ( Agency B ).
(2) The Chief Executive Officer of Agency A:
(a) may exercise the Chief Executive Officer's powers under section 49A in relation to the breach of discipline even though the employee is no longer in Agency A; but
(b) cannot take disciplinary action against the employee.
(3) The Chief Executive Officer of Agency A may request the Chief Executive Officer of Agency B to do either or both of the following:
(a) suspend the employee under section 49E while the suspected breach of discipline is investigated;
(b) take any disciplinary action against the employee that the Chief Executive Officer of Agency A decides should be taken.
(4) The Chief Executive Officer of Agency B may take any action requested under subsection (3), and must do so if directed by the Commissioner.
(1) This section applies if the Chief Executive Officer of an Agency:
(a) suspects an employee in the Agency has committed a breach of discipline; and
(b) has not yet made a decision under section 49A(1); and
(c) is of the opinion that the suspected breach of discipline is of such a serious nature that the employee should not continue performing the duties he or she is assigned to perform pending the making of that decision.
(2) The Chief Executive Officer may suspend the employee:
(a) for a period or periods not exceeding a total of 6 months; and
(b) with or without remuneration.
(3) The Commissioner may:
(a) extend the period of the suspension for any further period or periods the Commissioner thinks fit; or
(b) if the suspension imposed by the Chief Executive Officer has lapsed or been revoked – resuspend the employee for any further period or periods the Commissioner thinks fit.
(4) A suspension ceases when any of the following occurs:
(a) the period of the suspension expires;
(b) the Chief Executive Officer makes a decision under section 49A(1);
(c) the Chief Executive Officer or Commissioner revokes the suspension.
(5) An employee who is suspended under this section:
(a) does not accrue any leave for the period of the suspension; but
(b) may, during the period of the suspension, take any long service or recreation leave to which the employee was entitled at the time the suspension was imposed.
(6) If the Chief Executive Officer makes a decision under section 49A(1) in relation to an employee suspended under this section:
(a) the employee must be credited with any leave that would have accrued to the employee for the period of the suspension had the employee not been suspended; and
(b) if the suspension was without remuneration for any period – the employee must be paid the remuneration to which the employee would have been entitled for that period had the employee not been suspended; and
(c) if the employee took leave as mentioned in subsection (5)(b) – the employee must be re-credited with the leave so taken.
(7) Subsection (6) does not apply:
(a) for any period of suspension for which an order is made under section 49C(1)(b)(vii); or
(b) if the employee's employment is terminated under section 49C(1)(c).