Commonwealth Consolidated Acts

PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT ACT 1999 - SECT 10

(1)

An Agency Head may, under section 15 of the new Act, impose the same sanctions on an APS employee in the Agency for pre-commencement misconduct as the Agency Head could have imposed on the employee for that conduct under that section if the conduct had happened after the commencing time.

(2)

Subsection (1) does not apply to conduct for which a person was charged under the old Act before the commencing time.

(3)

For the purposes of this section, the procedures referred to in section 15 of the new Act apply in determining whether:

(a)

conduct was misconduct for the purposes of Subdivision C, D or E of Division 6 of Part III of the old Act; and

(b)

conduct would have been a breach of the Code of Conduct if the conduct had happened after the commencing time.