Australian Capital Territory Numbered Acts

PUBLIC SECTOR MANAGEMENT AMENDMENT ACT 2011 (NO. 1 OF 2011) - SECT 33

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249     Imprisonment

    (1)     This section applies if an officer in the service is—

        (a)     in custody awaiting trial for an offence; or

        (b)     in prison following conviction for an offence.

    (2)     The officer is taken to be on leave of absence without pay for the period of custody or imprisonment unless—

        (a)     the employment of the officer is terminated for misconduct; or

        (b)     the relevant chief executive is satisfied that the officer is experiencing hardship and is to be paid the whole or part of the officers' salary for a stated time.

    (3)     If the officers' employment is not terminated for misconduct—

        (a)     a period of service before the custody or imprisonment must be regarded as continuous with a period of service after the custody or imprisonment; and

        (b)     the period of custody or imprisonment is not to be regarded as service under this Act or any other Act, unless the commissioner decides otherwise.    

    (4)     If, immediately before a period of custody or imprisonment, an officer was suspended from duty—the suspension is taken to be removed from the start of the period of custody or imprisonment.

    (5)     An officer must not be suspended from duty during a period of custody or imprisonment.

    (6)     In this section:

"suspended from duty "means suspended under an industrial agreement that applies to the officer and includes a procedure for suspension.