94DCode of conduct breach by public servants

94D Code of conduct breach by public servants (1) This section applies to a complaint made to the commission about a public servant acting inconsistently with the code of conduct in relation to the provision of a health service to another individual as part of their employment as a public servant (a public servant complaint). (2) The Executive may determine a process the commission and relevant public service entities must follow in dealing with public servant complaints. (3) Before determining a process, the Executive must consult the commission. (4) The Executive must be reasonably satisfied that a process determined under subsection (2) gives a health care worker who is the subject of a public servant complaint no less protection than that given to a health care worker who is the subject of a prohibition or condition order, or public statement, to which section 94F applies. (5) A process may include provision for the following: (a) the sharing of information mentioned in section 94E (1) about a public servant complaint with the relevant public service entity; (b) who the relevant public service entity is for a particular complaint; (c) the commission and the public sector standards commissioner to establish a relationship protocol to help ensure public servant complaints are dealt with promptly and efficiently; (d) the commission not to make a final prohibition or condition order in relation to a public servant complaint while a misconduct procedure is being conducted, without the agreement of the public sector standards commissioner; (e) the commission to be able to extend the period an interim order is in force while a misconduct procedure is conducted. (6) A process is a disallowable instrument. (7) In this section: misconduct procedure means a misconduct procedure under the Public Sector Management Act 1994 or an enterprise agreement approved under the Fair Work Act 2009 (Cwlth).