s. 78A Discipline Heading preceding s. 78A inserted by No. 8019 s. 7. S. 78A 78A Offences by officers or members inserted by No. 8019 s. 7, A member of the operational staff who is— amended by No. 24/1997 (a) guilty of any breach of the regulations; s. 51. (b) guilty of any misconduct; (c) negligent or careless in the discharge of his duties; (d) inefficient or incompetent and such inefficiency or incompetence arises from causes within his own control; or (e) guilty of any disgraceful or improper conduct— shall be guilty of an offence. 78B Laying of charges S. 78B inserted by No. 8019 s. 7, (1) A member of the senior operational staff may, amended by after an investigation, lay a charge for an offence Nos 43/1987 s. 14(2)(i) under section 78A. (i)–(iii), 50/1989 (2) The Chief Executive Officer may suspend from s. 41(a)–(c), duty with pay any person charged under substituted by No. 24/1997 subsection (1) until the charge is dealt with under s. 52. section 78D. S. 78C 78C Hearing of charges inserted by No. 24/1997 (1) The Chief Executive Officer must hear a charge s. 52. laid under section 78B. S. 78C(2) (2) A member of the operational staff and any other amended by party to the hearing is entitled to be represented at No. 18/2005 s. 18(Sch. 1 the hearing of the charge by an Australian legal item 68). practitioner (within the meaning of the Legal or other person. Profession Act 2004)
Heading preceding s. 78A inserted by No. 8019 s. 7. Discipline S. 78A inserted by No. 8019 s. 7, amended by No. 24/1997 s. 51. 78A Offences by officers or members A member of the operational staff who is— s. 78A (a) guilty of any breach of the regulations; (b) guilty of any misconduct; (c) negligent or careless in the discharge of his duties; (d) inefficient or incompetent and such inefficiency or incompetence arises from causes within his own control; or (e) guilty of any disgraceful or improper conduct— shall be guilty of an offence. S. 78B inserted by No. 8019 s. 7, amended by Nos 43/1987 s. 14(2)(i) (i)–(iii), 50/1989 s. 41(a)–(c), substituted by No. 24/1997 s. 52. 78B Laying of charges (1) A member of the senior operational staff may, after an investigation, lay a charge for an offence under section 78A. (2) The Chief Executive Officer may suspend from duty with pay any person charged under subsection (1) until the charge is dealt with under section 78D. S. 78C inserted by No. 24/1997 s. 52. 78C Hearing of charges (1) The Chief Executive Officer must hear a charge laid under section 78B. S. 78C(2) amended by No. 18/2005 s. 18(Sch. 1 item 68). (2) A member of the operational staff and any other party to the hearing is entitled to be represented at the hearing of the charge by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) or other person.
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