Public Interest Disclosures Act 2022
31Reasonable management action not prevented
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31 Reasonable management action not prevented
31 Reasonable management action not prevented
(1) This Part does not prevent reasonable management action from being taken in relation to a public official.
(2) Without limiting subsection (1)—
(a) a person, by taking reasonable management action in relation to a public official, does not—
(i) commit a detrimental action offence or incur other liability under this Part, or
(ii) commit an offence against the Police Act 1990, section 206, and
(b) action taken in relation to a public official may be reasonable management action—
(i) if the public official is alleged to have committed a detrimental action offence—whether or not the official has been charged with the offence, and
(ii) if the public official has been convicted of a detrimental action offence—on the ground of the conduct to which the conviction relates and without further investigation of whether the conduct occurred, and
(iii) whether or not the action is taken by a manager of the public official.
(3) In this Act, reasonable management action taken in relation to a public official includes—
(a) a reasonable appraisal of the public official’s work performance, and
(b) a reasonable counselling action, whether formal or informal, taken in relation to the public official’s employment, and
(c) a reasonable suspension of the public official from the public official’s workplace, and
(d) a reasonable decision to investigate serious wrongdoing or other misconduct alleged or suspected to have been committed by the public official, and
(e) a reasonable disciplinary action, whether formal or informal, taken in relation to the public official’s employment, and
(f) a reasonable action to transfer, deploy or redeploy the public official, and
(g) a reasonable action to terminate the public official’s employment by redundancy or retrenchment, and