42AWhen promotion decisions take effect—suspected breaches of Code of Conduct

42A When promotion decisions take effect—suspected breaches of Code of Conduct

(1) If: (a) a decision is taken to promote an ongoing APS employee; and (b) the employee will need to move to another Agency to take up the promotion; and (c) the employee is suspected of having breached the Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3), 41B(3) or 50A(2) of the Act; and (d) the matter to which the suspected breach relates is not resolved before the APS employee moves to take up the promotion; then, unless the APS employee’s current Agency Head and the new Agency Head agree otherwise, the APS employee’s promotion does not take effect until the matter to which the suspected breach relates is resolved. (2) For the purposes of subsection (1), the matter to which the suspected breach relates is taken to be resolved when: (a) a determination is made as to whether the APS employee has breached the Code of Conduct; or (b) it is decided that such a determination is not necessary.