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Public Sector Act 2022
sec.117Chief executive’s discretion to conduct additional review
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### sec.117 Chief executive’s discretion to conduct additional review
This section applies in relation to a public sector employee mentioned in section 115 (1) if the employee’s chief executive—
has made a decision under section 115 (2) not to offer to convert the employee’s employment to a permanent basis; and
considers the circumstances justify the making of another decision mentioned in section 115 (1) before the start of the next 1-year period mentioned in section 115 (2) (b) .
The employee’s chief executive must decide whether to—
continue the employee’s employment according to the terms of the employee’s existing employment; or
offer to convert the employee’s employment to a permanent basis.
The employee’s chief executive must make the decision within 28 days after forming the opinion mentioned in subsection (1) (b) .
In making the decision, section 115 (3) , (4) , (5) , and (7) applies to the employee’s chief executive.
If the employee’s chief executive does not make the decision within the period required under subsection (3) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.
(sec.117-ssec.1) This section applies in relation to a public sector employee mentioned in section 115 (1) if the employee’s chief executive— has made a decision under section 115 (2) not to offer to convert the employee’s employment to a permanent basis; and considers the circumstances justify the making of another decision mentioned in section 115 (1) before the start of the next 1-year period mentioned in section 115 (2) (b) .
(sec.117-ssec.2) The employee’s chief executive must decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis.
(sec.117-ssec.3) The employee’s chief executive must make the decision within 28 days after forming the opinion mentioned in subsection (1) (b) .
(sec.117-ssec.4) In making the decision, section 115 (3) , (4) , (5) , and (7) applies to the employee’s chief executive.
(sec.117-ssec.5) If the employee’s chief executive does not make the decision within the period required under subsection (3) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.
- (a) has made a decision under section 115 (2) not to offer to convert the employee’s employment to a permanent basis; and
- (b) considers the circumstances justify the making of another decision mentioned in section 115 (1) before the start of the next 1-year period mentioned in section 115 (2) (b) .
- (a) continue the employee’s employment according to the terms of the employee’s existing employment; or
- (b) offer to convert the employee’s employment to a permanent basis.