Marginal note:Conduct authority representation

• 31 (1) A Conduct Authority Representative may represent a conduct authority in the following circumstances:

  • (a) a conduct authority intends to direct that a subject member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act;

  • (b) a conduct authority intends to a conduct hearing under subsection 41(1) of the Act; or

  • (c) a conduct authority intends to appeal or is a respondent in an appeal of a conduct board decision under subsection 45.11(1) of the Act.

• Marginal note:Conduct authority assistance

  (2) A Conduct Authority Representative may provide assistance

  • (a) to a conduct authority who intends to impose any of the measures set out in paragraphs 5(1)(a) to (j); or

  • (b) to a review authority who intends to prepare the notice referred to in subsection 10(1).

• Marginal note:Exceptions

  (3) If the Director of the Conduct Authority Representative Directorate decides that one of the following circumstances applies, a Conduct Representative must not represent or assist a conduct authority:

  • (a) the Conduct Authority Representative is involved in the alleged misconduct as a party, witness, participant or interested person;

  • (b) any representation or assistance could result in a conflict of interest;

  • (c) any representation or assistance could impair the efficiency, administration or good government of the Force.

• Marginal note:Limitation

  (4) Only persons who are Conduct Authority Representatives are authorized to provide representation and assistance under subsections (1) and (2) to conduct authorities.

Appeal

Marginal note:Redress for certain written decisions

• 32 (1) A member who is aggrieved by one of the following written decisions may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals):

  • (a) the decision by a conduct authority to temporarily reassign the member to other duties during a conduct process;

  • (b) the decision to suspend the member under section 12 of the Act;

  • (c) the decision to direct that the member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act; and

  • (d) the decisions to deny or discontinue representation or assistance under subsection 30(3) or (4).

• Marginal note:Redress for other decisions, acts or omissions

  (2) A member who is aggrieved by any decision, act or omission that leads to one of the written decisions set out in paragraphs (1)(a) to (d) may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).

• Marginal note:Effect of appeal

  (3) An appeal made under this section does not stay the execution of the written decision being appealed or of any related process.

Coming into Force

Marginal note:Registration

33 These Standing Orders come into force on the day on which they are registered.