Civil Defence Act 1986 · 2020 Revised Edition · Part 7 · Trial and Punishment by Disciplinary Officers
70. Manner of dealing with charges
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Before an allegation against a person subject to this Act (called in this Act the accused) that he or she has committed a service offence is further proceeded with, the allegation must —
service offence
“service offence” means an offence punishable under any of the provisions of Part 5;
if the accused is a public officer — be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part; or
if the accused is not a public officer —
be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part; or
be referred to a member or public officer authorised by the Commissioner to compound service offences for composition of the offence under section 85A.
A disciplinary officer when dealing with a charge against an accused —
disciplinary officer
“disciplinary officer” means a junior disciplinary officer or a senior disciplinary officer designated as such under Part 7;
must refer the charge to the Commissioner if the accused is a public officer or if the disciplinary officer considers that the charge ought to be dealt with by a court;
may dismiss the charge if the disciplinary officer is of the opinion that it ought not to be further proceeded with; or
may try the accused.
References in this Act to dealing with a charge by a disciplinary officer are references to the taking by the appropriate disciplinary officer, as the case may require, of the following actions:
determining whether the accused is guilty;
dismissing the charge or recording a finding of guilt accordingly; and
awarding punishment.