Public Service (Disciplinary Proceedings) Regulations 2023
Table of Contents
Enacting Formula
Part 1 PRELIMINARY
1 Citation
2 Definitions
3 Application
Part 2 PROCEEDINGS ON DISCIPLINARY COMPLAINTS
Division 1 Complaint
4 Grounds for complaint
5 Who may complain
Division 2 Proceedings where dismissal or demotion not contemplated
6 Application
7 Notice of complaint, etc.
8 Right of reply
9 Investigation
10 Decision of Commission
Division 3 Proceedings where dismissal or demotion contemplated
11 Application
12 Charges to be framed
13 Notice of charge, etc.
14 Right of reply
15 Referral of charges to Committee
16 Committee to inquire into charges
17 Representation in inquiry
18 New charges during inquiry
19 Inquiry by way of oral hearing
20 Oral hearing — notice and attendance
21 Oral hearing — rights of accused officer
22 Oral hearing — presentation of cases
23 Oral hearing — restrictions on adjournments
24 Oral hearing — attempts to impede
25 Oral hearing — time for Committee to submit report after end of hearing
26 Inquiry other than by oral hearing
27 Contents of Committee’s report
28 Commission may require further consideration by Committee
29 Decision of Commission
30 Withdrawal of charge before decision
Division 4 Supplementary provisions about Committees
31 Composition of Committee
32 Appointments to Committee
33 Quorum of Committee
34 Committee is not judicial or quasi-judicial body
35 Committee not bound by rules of evidence
36 Committee need not act formally
37 Allowances to Committee members who are not public officers
Part 3 EFFECT OF CRIMINAL PROCEEDINGS
38 If criminal proceedings pending
39 If criminal proceedings result in conviction
40 If criminal proceedings result in acquittal
Part 4 INTERDICTION
41 Interdiction where criminal proceedings started, etc.
42 Withholding of emoluments during and after interdiction period
43 Forfeiture of withheld emoluments
44 Withholding of increment while disciplinary action pending
Part 5 RETIREMENT IN PUBLIC INTEREST
45 Application of this Part
46 Notice of prima facie grounds
47 Right of reply
48 Reports from current and former Permanent Secretaries, etc.
49 Retirement in public interest
50 Revocation and transitional provisions