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PUBLIC SECTOR ACT 2022 - SECT 94
Disciplinary action if public sector employee changes employment to another public sector entity
(1) This section applies if— (a) a public sector
employee is employed in a public sector entity (the
"former entity" ); and
(b) a disciplinary ground arises in relation to the
employee; and
(c) after the disciplinary ground arises the employee changes
employment from the former entity to another public sector entity (the
"current entity" ).
(2) The chief executive of the former entity may— (a)
make a disciplinary finding; or
(b) delegate to the chief executive of the
current entity the power under paragraph (a) to make a disciplinary finding.
(3) Also, the chief executive of the current entity is taken to have the power
to make a disciplinary finding if— (a) the former entity no longer exists;
or
(b) the former entity no longer has a chief executive; or
(c) the chief
executive of the former entity and the chief executive of the current entity
are the same person.
(4) If the chief executive of the former entity makes a
disciplinary finding under subsection (2) (a) , in disciplining the employee,
the chief executive of the current entity may take disciplinary action under
section 93 against the employee that the chief executive of the former entity
agrees is reasonable in the circumstances.
(5) If the chief executive of the
current entity makes a disciplinary finding under subsection (2) (b) or (3) ,
in disciplining the employee, the chief executive of the current entity may
take disciplinary action under section 93 against the employee.
(6) The chief
executive of the former entity may give the chief executive of the current
entity information about the employee or a disciplinary ground relating to the
employee for the purpose of helping the chief executive of the current entity
perform a function or exercise a power under this section.
(7) In this
section—
"changes employment" includes change employment by promotion, transfer,
secondment or redeployment.
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