118Disciplinary action in certain cases of serious sex or violence offences

#### 118 Disciplinary action in certain cases of serious sex or violence offences 118 Disciplinary action in certain cases of serious sex or violence offences > > (1) The chief executive of a public health organisation is, within 30 days (or such further period as may be agreed to by the Health Secretary) of becoming aware that a member of staff has been convicted (whether before or during his or her employment) of a serious sex or violence offence, to notify the Health Secretary of the staff member’s conviction. > > > (2) On being notified under subsection (1), the Health Secretary is to afford the member of staff concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the staff member wishes to have considered in determining what (if any) disciplinary action should be taken in relation to the staff member. > > > (3) The Health Secretary may take such disciplinary action as the Health Secretary considers appropriate (having regard to section 119) against a member of staff who has been convicted (whether before or during his or her employment) of a serious sex or violence offence. > > > (3A) The Health Secretary is, in the case of a member of staff who is a NSW Health Service senior executive, authorised to take any such action regardless of whether the Health Secretary exercises employer functions in relation to the executive. > > > (3B) If, under this section, a member of staff who is a NSW Health Service senior executive is assigned to or from a division of the NSW Health Service for which the Health Secretary does not exercise employer functions in relation to the Health Service senior executives employed in that division, the Health Secretary is to consult the person or body that exercises or will exercise employer functions in relation to the executive. > > > (3C) A person may not, under this section— > > > > > (a) be transferred and assigned to the role of chief executive of a local health district or specialty network governed health corporation without the concurrence of the board of the local health district or specialty network governed health corporation to which the person is transferred, or > > > > > (b) in the case of a person who is the chief executive of a local health district or specialty network governed health corporation—be assigned to another role unless the Health Secretary has consulted the board of the local health district or the specialty network governed health corporation (as the case requires). > > > (4) This section does not apply to a conviction that occurred before a person was employed if, before that employment, the person notified the Health Secretary in writing of the fact of the conviction. > > > (5) This section extends to a conviction that occurred before the commencement of this section (as substituted by the [Public Sector Employment Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-002)). > > > (6) In this section— > > > > disciplinary action means— > > > > > (a) dismissal from the NSW Health Service, or > > > > > (b) imposing conditions in respect of the supervision of, or reporting by, a member of staff or in respect of the scope of a staff member’s duties, or > > > > > (c) transferring a member of staff who is not a NSW Health Service senior executive to another position in the NSW Health Service or assigning a member of staff who is a NSW Health Service senior executive to another role in the NSW Health Service. > > **s 118:** Subst 2006 No 2, Sch 2 \[36\]. Am 2016 No 2, Sch 2 \[17\] \[18\].