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Public Sector Act 2022
sec.96Disciplinary action if CCC employee becomes public sector employee
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### sec.96 Disciplinary action if CCC employee becomes public sector employee
This section applies if—
a person is engaged as a CCC employee in the Crime and Corruption Commission (the CCC ); and
a relevant disciplinary ground arises in relation to the person; and
after the relevant disciplinary ground arises, the person stops being engaged as a CCC employee in the CCC and is employed as a public sector employee in a public sector entity (the current entity ).
However, this section does not apply if the chief executive officer of the CCC has taken, is taking, or intends to take, disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the relevant disciplinary ground.
The chief executive officer of the CCC 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.
If the chief executive officer of the CCC makes a disciplinary finding under subsection (3) (a) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person that the chief executive officer of the CCC agrees is reasonable in the circumstances.
If the chief executive of the current entity makes a disciplinary finding under subsection (3) (b) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person.
The chief executive officer of the CCC may give the chief executive of the current entity information about the person or a relevant disciplinary ground relating to the person 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—
a reference to a relevant disciplinary ground for a person is a reference to a disciplinary ground under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 for the person; and
a reference to a disciplinary finding in relation to a relevant disciplinary ground for a person is a reference to a finding that a relevant disciplinary ground for the person exists.
(sec.96-ssec.1) This section applies if— a person is engaged as a CCC employee in the Crime and Corruption Commission (the CCC ); and a relevant disciplinary ground arises in relation to the person; and after the relevant disciplinary ground arises, the person stops being engaged as a CCC employee in the CCC and is employed as a public sector employee in a public sector entity (the current entity ).
(sec.96-ssec.2) However, this section does not apply if the chief executive officer of the CCC has taken, is taking, or intends to take, disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the relevant disciplinary ground.
(sec.96-ssec.3) The chief executive officer of the CCC 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.96-ssec.4) If the chief executive officer of the CCC makes a disciplinary finding under subsection (3) (a) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person that the chief executive officer of the CCC agrees is reasonable in the circumstances.
(sec.96-ssec.5) If the chief executive of the current entity makes a disciplinary finding under subsection (3) (b) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person.
(sec.96-ssec.6) The chief executive officer of the CCC may give the chief executive of the current entity information about the person or a relevant disciplinary ground relating to the person for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section.
(sec.96-ssec.7) In this section— a reference to a relevant disciplinary ground for a person is a reference to a disciplinary ground under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 for the person; and a reference to a disciplinary finding in relation to a relevant disciplinary ground for a person is a reference to a finding that a relevant disciplinary ground for the person exists.
- (a) a person is engaged as a CCC employee in the Crime and Corruption Commission (the CCC ); and
- (b) a relevant disciplinary ground arises in relation to the person; and
- (c) after the relevant disciplinary ground arises, the person stops being engaged as a CCC employee in the CCC and is employed as a public sector employee in a 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) a reference to a relevant disciplinary ground for a person is a reference to a disciplinary ground under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 for the person; and
- (b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for a person is a reference to a finding that a relevant disciplinary ground for the person exists.