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PUBLIC SERVICE ACT 2008 - SECT 291
Disciplinary action against a public service employee who was a relevant commission officer
(1) This section applies to a person who is a public service employee and was
a relevant commission officer.
(2) The person may be disciplined under
chapter 6, part 2, division 3 in relation to a relevant disciplinary ground
arising when the person was a relevant commission officer only if the ground
arose on or after 3 February 2017. Note— Particular provisions of this Act
about disciplinary action have applied to the Crime and Corruption Commission,
as a public service office under this Act, since 3 February 2017.
(3)
However, if the relevant disciplinary ground arising on or after 3 February
2017 relates to conduct that is a part of a course of conduct that also
includes conduct giving rise to a relevant disciplinary ground arising before
3 February 2017, the person may be disciplined under chapter 6, part 2,
division 3 in relation to all of the grounds as if they all arose on or after
3 February 2017.
(4) Subsection (3) does not apply in relation to a relevant
disciplinary ground arising before 3 February 2017 if disciplinary action has
been, or is being, taken in relation to the ground under this Act or a
relevant disciplinary law for the person within the meaning of section
186B(3).
(5) If, at the commencement, the CCC chairperson is taking
disciplinary action under section 187A in relation to a person to whom this
section applies— (a) the chairperson must stop taking the disciplinary
action under section 187A; and
(b) the disciplinary action may be continued
under chapter 6, part 2, division 3; and
(c) anything done under section 187A
in relation to the disciplinary action by the CCC chairperson is taken to have
been done under chapter 6, part 2, division 3 by the
CCC chief executive officer.
(6) Subsection (5) does not prevent the
CCC chief executive officer taking disciplinary action under the
Crime and Corruption Act 2001 , section 273D instead of continuing
disciplinary action under chapter 6, part 2, division 3.
(7) In this
section—
"CCC chairperson" means the chairperson of the Crime and Corruption
Commission.
"CCC chief executive officer" means the chief executive officer under the
Crime and Corruption Act 2001 .
"relevant commission officer" see section 186A.
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