(1) The Public Sector
Commissioner may —
(a) make
recommendations as to whether consideration should or should not be given to
the taking of disciplinary action against particular persons; and
(b) make
recommendations for the taking of other action that the Public Sector
Commissioner considers should be taken in relation to the subject matter of
his or her assessments or opinions or the results of his or her inquiries.
(2) The Public Sector
Commissioner may make the recommendations on the basis of —
(a) his
or her assessments, consultations and opinions; and
(b)
inquiries and other action, whether conducted or taken in cooperation with the
Commission, another independent agency or an appropriate authority or
otherwise; and
(c)
inquiries or other action conducted or taken by the Commission, another
independent agency or an appropriate authority.
(3) Without limiting
subsection (1), the Public Sector Commissioner may —
(a)
recommend that further inquiry or investigation into any matter be carried out
—
(i)
by an Inquiry Panel appointed under the Local Government
Act 1995 ; or
(ii)
in such other manner as the Public Sector Commissioner
may recommend;
and
(b)
recommend the terms of reference of any such inquiry or investigation.
(4) The Public Sector
Commissioner may give the recommendations to another independent agency or an
appropriate authority.
(5) A recommendation
made by the Public Sector Commissioner under this section is not, and is not
to be taken as, a finding that a particular person has engaged in conduct that
constitutes or provides grounds on which that person’s tenure of office,
contract of employment, or agreement for the provision of services is or may
be terminated.
[Section 45X inserted: No. 35 of 2014 s. 21;
amended: No. 5 of 2024 s. 17.]