Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If —
(a) an
employing authority has decided to act under section 81(1)(a) in relation
to an employee; or
(b) an
employee is charged with having committed a serious offence,
the employing
authority may, in accordance with the Commissioner’s instructions,
suspend the employee on full pay, partial pay or without pay.
(2) Subject to
subsection (3) —
(a) a
suspension arising from a decision referred to in subsection (1)(a) has
effect until a decision is made under section 82A(2) or (3) or 88 in
respect of the suspected breach; or
(b) a
suspension arising from a charge referred to in subsection (1)(b) has
effect until the criminal charge or any action that the employing authority is
considering taking under section 92 has been finalised.
(3) The employing
authority may at any time remove, or vary the terms of, the suspension.
(4) Unless the
employing authority otherwise directs, any pay withheld under
subsection (1) is forfeited to the State if —
(a) it
is decided to take disciplinary action with respect to the employee for the
breach of discipline; or
(b) the
employee is convicted or found guilty of the offence concerned or another
serious offence.
(5) An employee is
entitled to have any pay of the employee that is withheld under
subsection (1) and not forfeited under subsection (4) restored to
the employee.
[Section 82 inserted by No. 39 of 2010
s. 98.]
[ 83-86. Deleted by No. 39 of 2010
s. 99.]