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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 79F
Reasonable management action not prevented
(1) This Part does not prevent reasonable management action from being taken
in relation to a person.
(2) Without limiting subsection (1)-- (a) a person
who takes reasonable management action in relation to another person does not
commit a detrimental action offence or incur other liability under this Part,
and
(b) action taken in relation to a person may be
reasonable management action-- (i) if the person is alleged to have committed
a detrimental action offence--whether or not the person has been charged with
the offence, and
(ii) if the person has been convicted of a
detrimental action offence--on the ground of the conduct to which the
conviction relates and without further investigation of whether the conduct
occurred, and
(iii) whether or not the action is taken by a manager of the
person.
(3) In this Part,
"reasonable management action" taken in relation to a person includes-- (a) a
reasonable appraisal of the person's work performance, and
(b) a reasonable
counselling action, whether formal or informal, taken in relation to the
person's employment, and
(c) a reasonable suspension of the person from the
person's workplace, and
(d) a reasonable decision to investigate
serious wrongdoing or other misconduct alleged or suspected to have been
committed by the person, and
(e) a reasonable disciplinary action, whether
formal or informal, taken in relation to the person's employment, and
(f) a
reasonable action to transfer, deploy or redeploy the person, and
(g) a
reasonable action to terminate the person's employment by redundancy or
retrenchment, and
(h) a reasonable action to suspend, terminate or review a
contract under which the person provides services, and
(i) a reasonable
action resulting in or relating to the person's failure to obtain a promotion,
reclassification, transfer or benefit, or to keep a benefit, in relation to
the person's employment, and
(j) a reasonable action relating to an action
mentioned in paragraphs (a)-(i).
Example : The actions specified in the
Government Sector Employment Act 2013 , section 69(4) and the Police Act
1990 , section 173(2) are examples of disciplinary action mentioned in
paragraph (e).
(4) However, action taken in relation to a person is not
reasonable management action if-- (a) the way of taking the action is not
reasonable, or
(b) the action is taken corruptly or fraudulently, or
(c) the
action is taken to conceal, or avoid the consequences of, serious wrongdoing,
or
(d) each of the following applies to the action-- (i) the person taking
the action, when taking the action, has a suspicion, belief or awareness,
whether correct or mistaken, that the person in relation to whom the action is
taken or a third person is a protected person,
(ii) the suspicion, belief or
awareness is a contributing factor to the taking of the action,
(iii) the
action is not taken for the purpose of reducing the risk of detrimental action
being taken against the person in relation to whom the action is taken or a
third person.
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