sec.94Disciplinary action if public sector employee changes employment to another public sector entity

### sec.94 Disciplinary action if public sector employee changes employment to another public sector entity This section applies if— a public sector employee is employed in a public sector entity (the former entity ); and a disciplinary ground arises in relation to the employee; and after the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity ). The chief executive of the former entity may— make a disciplinary finding; or delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding. Also, the chief executive of the current entity is taken to have the power to make a disciplinary finding if— the former entity no longer exists; or the former entity no longer has a chief executive; or the chief executive of the former entity and the chief executive of the current entity are the same person. If the chief executive of the former entity makes a disciplinary finding under subsection (2) (a) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee that the chief executive of the former entity agrees is reasonable in the circumstances. If the chief executive of the current entity makes a disciplinary finding under subsection (2) (b) or (3) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee. The chief executive of the former entity may give the chief executive of the current entity information about the employee or a disciplinary ground relating to the employee for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section. In this section— changes employment includes change employment by promotion, transfer, secondment or redeployment. (sec.94-ssec.1) This section applies if— a public sector employee is employed in a public sector entity (the former entity ); and a disciplinary ground arises in relation to the employee; and after the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity ). (sec.94-ssec.2) The chief executive of the former entity may— make a disciplinary finding; or delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding. (sec.94-ssec.3) Also, the chief executive of the current entity is taken to have the power to make a disciplinary finding if— the former entity no longer exists; or the former entity no longer has a chief executive; or the chief executive of the former entity and the chief executive of the current entity are the same person. (sec.94-ssec.4) If the chief executive of the former entity makes a disciplinary finding under subsection (2) (a) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee that the chief executive of the former entity agrees is reasonable in the circumstances. (sec.94-ssec.5) If the chief executive of the current entity makes a disciplinary finding under subsection (2) (b) or (3) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee. (sec.94-ssec.6) The chief executive of the former entity may give the chief executive of the current entity information about the employee or a disciplinary ground relating to the employee for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section. (sec.94-ssec.7) In this section— changes employment includes change employment by promotion, transfer, secondment or redeployment. - (a) a public sector employee is employed in a public sector entity (the former entity ); and - (b) a disciplinary ground arises in relation to the employee; and - (c) after the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity ). - (a) make a disciplinary finding; or - (b) delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding. - (a) the former entity no longer exists; or - (b) the former entity no longer has a chief executive; or - (c) the chief executive of the former entity and the chief executive of the current entity are the same person.