Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In dealing with a
disciplinary matter under this Division an employing authority —
(a) must
proceed with as little formality and technicality as this Division, the
Commissioner’s instructions and the circumstances of the matter permit;
and
(b) is
not bound by the rules of evidence; and
(c) may,
subject to this Division and the Commissioner’s instructions, determine
the procedure to be followed.
(2) Even though an
employing authority decides to act under section 81(1)(a), the employing
authority may, at any stage of the process, decide instead that it is
appropriate —
(a) to
take improvement action with respect to the employee; or
(b) that
no further action be taken.
(3) Subject to
subsection (4) and section 89, after dealing with a matter as a
disciplinary matter under this Division —
(a) if
the employing authority finds that the employee has committed a
section 94 breach of discipline, the employing authority must take
disciplinary action by dismissing the employee; and
(b) if
the employing authority finds that the employee has committed a breach of
discipline that is not a section 94 breach of discipline, the employing
authority must decide —
(i)
to take disciplinary action, or both disciplinary action
and improvement action, with respect to the employee; or
(ii)
to take improvement action with respect to the employee;
or
(iii)
that no further action is to be taken.
(4) The
Minister —
(a) is
bound by any finding in a report submitted as directed under
section 81(2); and
(b)
must, when making a decision under subsection (3)(b), have regard to, but
is not bound by, a recommendation submitted as directed under
section 81(2).
[Section 82A inserted by No. 39 of 2010
s. 97.]