Western Australian Current Regulations

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HEALTH SERVICES (GENERAL) REGULATIONS 2019 - REG 10

10 .         Disciplining former employees currently employed by the State: Act s. 155

        (1)         If a former employee is a current State employee, the prescribed circumstances under section 155(1) and (4) for the current State employee are —

            (a)         the suspected breach of discipline occurred when the former employing authority was the employing authority of the employee; and

            (b)         before commencing dealing with the disciplinary matter —

                  (i)         the former employing authority consulted with the employee’s current employing authority; and

                  (ii)         the current employing authority of the employee decided not to treat the matter as a disciplinary matter under a written law;

                and

            (c)         having regard to public interest considerations, the former employing authority considers it appropriate to commence or continue dealing with the matter as a disciplinary matter under a written law.

        (2)         For the purposes of section 155(2) of the Act, the prescribed disciplinary actions for a current State employee are paragraphs (a) to (h) of the definition of disciplinary action in section 6 of the Act.

        (3)         If the former employing authority finds the current State employee has committed a breach of discipline and decides to take disciplinary action, the former employing authority must consult with the employee’s current employing authority before taking the action.



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