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PUBLIC INTEREST DISCLOSURE ACT 2010 - SECT 47
Relocation of public service employee
47 Relocation of public service employee
(1) This section gives a public service employee a right to apply for
relocation.
(2) The application must be made on the ground that— (a) it is
likely a reprisal will be taken against the public service employee if the
employee continues in the employee’s existing work location; and
(b) the
only practical way to remove or substantially remove the danger of a reprisal
is to relocate the employee.
(3) The application may be made by the public
service employee to the industrial relations commission under the
Industrial Relations Act 2016 .
(4) For the purposes of subsection (3) —
(a) the application is taken to be an appeal against a decision under the
Public Sector Act 2022 not to relocate the employee; and
(b) the decision
mentioned in paragraph (a) is taken to have been made by the chief executive
of the employee’s department on the day the employee makes the application
under subsection (1) .
(5) If the industrial relations commission considers
the ground is established, the commission may direct that the employee be
relocated within the employee’s department or to another department.
(6)
The industrial relations commission can not direct that the employee be
relocated without the agreement of— (a) the public service employee; and
(b) if the relocation is to another department—the other department’s
chief executive.
(7) For subsection (5) , the industrial relations commission
has power to do, or authorise the doing of, anything necessary or convenient
to relocate the public service employee.
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