Public agencies operate under legislative and policy arrangements which provide for suspension of employees at the discretion of the Chief Executive, either with or without pay, pending the finalisation of criminal or disciplinary proceedings.

These arrangements have been reviewed. Under the new arrangements, Chief Executives should give priority to the option of placing employees facing criminal or disciplinary proceedings on alternative duties or duties at another location. Where employees are suspended from duty they are to continue to be paid until the criminal or disciplinary proceedings have been finalised. Suspension from duty without pay is only to be used in exceptional circumstances, as detailed in the attached policy guidelines.

Where, due to legislative requirements, Chief Executives only have the ability to suspend without pay, the options of placing the employee on alternative duties, duties at another location or directing the employee not to attend work, should be exhausted before proceeding to suspension.

In all suspension cases the decision should be reviewed every 30 days.

It should be noted that these arrangements are not intended to have any effect on the employer's right to dismiss employees in the case of serious offences.

Could you please advise Chief Executives in your portfolio of these new arrangements, and ask them to advise the Director-General, Premier's Department, of any impediments to the immediate implementation of these arrangements in their agency.

John Fahey
Premier