sec.124Commission may conduct review of procedural aspect of public sector entity’s handling of current work performance matters

### sec.124 Commission may conduct review of procedural aspect of public sector entity’s handling of current work performance matters This section applies if a public sector employee’s chief executive implements a procedure under a directive about suspension or discipline in relation to the employee for a current work performance matter. However, this section does not apply if the matter relates to personal conduct that would, if proved, constitute corrupt conduct under the Crime and Corruption Act 2001 , section 15 . The employee may ask the commission to conduct a review of a procedural aspect of the entity’s handling of the matter. However, the employee may make the request under subsection (3) only if the employee has complied, to the extent possible, with any procedures applying to the employee under a directive about suspension or discipline in relation to the matter. On receiving the request, the commission may— conduct a review of a procedural aspect of the matter; and give the chief executive of the entity a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified. The chief executive of the entity must comply with a direction given in a report under subsection (5) (b) to the extent possible, unless— before the report is given to the chief executive, a decision is made in relation to the matter; and the employee has a right to appeal against the decision under part 10 . A function of the commission under this section must be performed— by the commissioner; or for the commissioner by a staff member of the commission to whom the function is delegated under section 283 (1) ; or if the function is the giving of a report under subsection (5) (b) that does not include a direction by the commission—by another appropriately qualified entity to whom the function of giving the report is delegated under section 283 (2) . In this section— current work performance matter means a work performance matter being handled by the public sector entity when the employee makes the request under subsection (3) . procedural aspect , of a current work performance matter, means an aspect of the matter relating to compliance with— a procedure under a directive applying to the matter; or the requirements of procedural fairness. (sec.124-ssec.1) This section applies if a public sector employee’s chief executive implements a procedure under a directive about suspension or discipline in relation to the employee for a current work performance matter. (sec.124-ssec.2) However, this section does not apply if the matter relates to personal conduct that would, if proved, constitute corrupt conduct under the Crime and Corruption Act 2001 , section 15 . (sec.124-ssec.3) The employee may ask the commission to conduct a review of a procedural aspect of the entity’s handling of the matter. (sec.124-ssec.4) However, the employee may make the request under subsection (3) only if the employee has complied, to the extent possible, with any procedures applying to the employee under a directive about suspension or discipline in relation to the matter. (sec.124-ssec.5) On receiving the request, the commission may— conduct a review of a procedural aspect of the matter; and give the chief executive of the entity a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified. (sec.124-ssec.6) The chief executive of the entity must comply with a direction given in a report under subsection (5) (b) to the extent possible, unless— before the report is given to the chief executive, a decision is made in relation to the matter; and the employee has a right to appeal against the decision under part 10 . (sec.124-ssec.7) A function of the commission under this section must be performed— by the commissioner; or for the commissioner by a staff member of the commission to whom the function is delegated under section 283 (1) ; or if the function is the giving of a report under subsection (5) (b) that does not include a direction by the commission—by another appropriately qualified entity to whom the function of giving the report is delegated under section 283 (2) . (sec.124-ssec.8) In this section— current work performance matter means a work performance matter being handled by the public sector entity when the employee makes the request under subsection (3) . procedural aspect , of a current work performance matter, means an aspect of the matter relating to compliance with— a procedure under a directive applying to the matter; or the requirements of procedural fairness. - (a) conduct a review of a procedural aspect of the matter; and - (b) give the chief executive of the entity a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified. - (a) before the report is given to the chief executive, a decision is made in relation to the matter; and - (b) the employee has a right to appeal against the decision under part 10 . - (a) by the commissioner; or - (b) for the commissioner by a staff member of the commission to whom the function is delegated under section 283 (1) ; or - (c) if the function is the giving of a report under subsection (5) (b) that does not include a direction by the commission—by another appropriately qualified entity to whom the function of giving the report is delegated under section 283 (2) . - (a) a procedure under a directive applying to the matter; or - (b) the requirements of procedural fairness.