sec.445Disciplinary action against a relevant commission officer who was a relevant employee

### sec.445 Disciplinary action against a relevant commission officer who was a relevant employee This section applies to a person who is a relevant commission officer and was a relevant employee. The person may be disciplined under chapter 6, part 1, division 9, subdivision 3 only in relation to a relevant disciplinary ground arising on or after 3 February 2017. Particular provisions of the Public Service Act 2008 about disciplinary action have applied to the commission, as a public service office under that Act, since 3 February 2017. 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 1, division 9, subdivision 3 in relation to all of the grounds as if they all arose on or after 3 February 2017. 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 273AA(3). If, at the commencement, the chairperson is taking disciplinary action under the Public Service Act 2008 , section 187A or 188AB in relation to a person to whom this section applies— the chairperson must stop taking the disciplinary action under the Public Service Act 2008 ; and the disciplinary action may be continued under chapter 6, part 1, division 9, subdivision 3; and anything done under the Public Service Act 2008 in relation to the disciplinary action by the chairperson is taken to have been done under chapter 6, part 1, division 9, subdivision 3 by the chief executive officer. In this section— relevant commission officer see section 273A. relevant employee see section 273A. s 445 ins 2018 No. 29 s 43 (sec.445-ssec.1) This section applies to a person who is a relevant commission officer and was a relevant employee. (sec.445-ssec.2) The person may be disciplined under chapter 6, part 1, division 9, subdivision 3 only in relation to a relevant disciplinary ground arising on or after 3 February 2017. Particular provisions of the Public Service Act 2008 about disciplinary action have applied to the commission, as a public service office under that Act, since 3 February 2017. (sec.445-ssec.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 1, division 9, subdivision 3 in relation to all of the grounds as if they all arose on or after 3 February 2017. (sec.445-ssec.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 273AA(3). (sec.445-ssec.5) If, at the commencement, the chairperson is taking disciplinary action under the Public Service Act 2008 , section 187A or 188AB in relation to a person to whom this section applies— the chairperson must stop taking the disciplinary action under the Public Service Act 2008 ; and the disciplinary action may be continued under chapter 6, part 1, division 9, subdivision 3; and anything done under the Public Service Act 2008 in relation to the disciplinary action by the chairperson is taken to have been done under chapter 6, part 1, division 9, subdivision 3 by the chief executive officer. (sec.445-ssec.6) In this section— relevant commission officer see section 273A. relevant employee see section 273A. - (a) the chairperson must stop taking the disciplinary action under the Public Service Act 2008 ; and - (b) the disciplinary action may be continued under chapter 6, part 1, division 9, subdivision 3; and - (c) anything done under the Public Service Act 2008 in relation to the disciplinary action by the chairperson is taken to have been done under chapter 6, part 1, division 9, subdivision 3 by the chief executive officer.