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The
State Service Code of Conduct, which is contained
in Section 9 of the State Service Act 2000
(the Act) reinforces and upholds the Principles by
establishing standards of behaviour and conduct that
apply to all employees, including Officers and Heads
of Agencies.
Section
10 states:
(3)
The Commissioner is to establish procedures for the
investigation and determination of whether an employee
has breached the Code of Conduct.
(4)
The procedures referred to in subsection (3):
(a)
are to afford procedural fairness in the determination
of whether an employee has breached the Code of Conduct;
and
(b)
may be different for different categories of employees;
and
(c)
may vary according to the circumstances of the alleged
breach of the Code of Conduct.
(5) An officer or an employee must not victimise,
or discriminate against, another officer or employee
because that officer or employee has reported breaches
(or alleged breaches) of the Code of Conduct to the
Commissioner or a Head of Agency.
Commissioner's
Direction No.5 of 2005, "Procedures for the
investigation and determination of whether an employee
has
breached the Code of Conduct", sets out the
process for the investigation and determination of
an alleged breach of the Code of Conduct by the Head
of Agency.
In
Section 10(1) of the Act, the Minister may
impose one or more of the following sanctions on an
employee who is found, under procedures established
under subsection (3), to have breached the Code of
Conduct:
(a)
counselling;
(b)
a reprimand;
(c)
deductions from salary by way of fine not exceeding
20 penalty units;
(d)
reduction in salary within the range of salary applicable
to the employee;
(e)
reassignment of duties;
(f)
reduction in classification;
(g)
termination of employment in accordance with Section
44 or 45.
(2) The Minister may delegate the power to impose any
of the sanctions specified in subsection (1)(a) to (f).
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