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Public Sector Act 2022
sec.31Recommendation to take particular action
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### sec.31 Recommendation to take particular action
This section applies if the commissioner or chapter 2 special commissioner believes that the chief executive of a prescribed entity has not fully complied with the obligation under section 28 (1) to make an equity and diversity plan.
The commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action ) be taken to improve compliance with the obligation.
Without limiting subsection (2) , the commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that the entity’s equity and diversity plan be amended.
The chief executive of the prescribed entity must either—
take the recommended action; or
give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.
(sec.31-ssec.1) This section applies if the commissioner or chapter 2 special commissioner believes that the chief executive of a prescribed entity has not fully complied with the obligation under section 28 (1) to make an equity and diversity plan.
(sec.31-ssec.2) The commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action ) be taken to improve compliance with the obligation.
(sec.31-ssec.3) Without limiting subsection (2) , the commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that the entity’s equity and diversity plan be amended.
(sec.31-ssec.4) The chief executive of the prescribed entity must either— take the recommended action; or give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.
- (a) take the recommended action; or
- (b) give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.