31Reasonable management action not prevented

#### 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](/view/html/inforce/current/act-1990-047), 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 > > > > > (h) a reasonable action to suspend, terminate or review a contract under which the public official provides services, and > > > > > (i) a reasonable action resulting in or relating to the public official’s failure to obtain a promotion, reclassification, transfer or benefit, or to keep a benefit, in relation to the public official’s employment, and > > > > > (j) a reasonable action relating to an action mentioned in paragraphs (a)–(i). > > > > Example. > > > > The actions specified in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 69(4) and the [Police Act 1990](/view/html/inforce/current/act-1990-047), section 173(2) are examples of disciplinary action mentioned in paragraph (e). > > > (4) However, action taken in relation to a public official is not reasonable management action if— > > > > > (a) the way of taking the action is not reasonable, or > > > > > (b) the action is taken corruptly or fraudulently, or > > > > > (c) the action is taken to conceal, or avoid the consequences of, serious wrongdoing, or > > > > > (d) each of the following applies to the action— > > > > > > > (i) the person taking the action, when taking the action, has a suspicion, belief or awareness, whether correct or mistaken, that a public interest disclosure has been made, may have been made, may be made or is proposed to be made, > > > > > > > (ii) the suspicion, belief or awareness is a contributing factor to the taking of the action, > > > > > > > (iii) the action is not taken for the purpose of reducing the risk of detrimental action being taken against the public official or another person.