Public Sector Management Act 1994

The Commissioner may at any time before a decision is made under section 81(1)(b) or 82A(2) or (3) in respect of a suspected breach of discipline direct that —

a special disciplinary inquiry be held into the suspected breach; or

an investigation by the employing authority or a person directed under section 81(2) into the suspected breach be continued as a special disciplinary inquiry.

A direction under subsection (1A) may be made on the request of the employing authority of the employee suspected to have committed the breach of discipline or on the initiative of the Commissioner.

The provisions of sections 24I and 24J apply to and in relation to a person holding a special disciplinary inquiry as if references in those sections and Schedule 3 to a special inquirer and to a special inquiry were references to that person and to the special disciplinary inquiry, respectively.

Without limiting the generality of subsection (1), a person holding a special disciplinary inquiry may have regard to any information elicited, or findings made, in another special disciplinary inquiry, in a special inquiry or in an investigation held under section 24.

A person who holds a special disciplinary inquiry must, at the conclusion of the inquiry —

make a finding that the employee —

has committed a redeployment direction breach of discipline; or

has committed a breach of discipline other than a breach referred to in subparagraph (i); or

has not committed a breach of discipline;

prepare a report on the conduct and finding, of the special disciplinary inquiry; and

if the finding is that the employee has committed a breach of discipline other than a redeployment direction breach of discipline, include in the report a recommendation as to any disciplinary action and improvement action that should be taken by the employing authority; and

provide the employing authority and the Commissioner with a copy of the report.