Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if, at any time before, during or after conducting:
(a) an inspection under section 9A; or
(b) a preliminary inquiry under section 14, or any other action taken by the Inspector - General for the purpose of deciding whether to inquire into a matter; or
(c) an inquiry under this Act;
the Inspector - General is satisfied on reasonable grounds that there is evidence that a person who is a member of a Commonwealth agency has been guilty of a breach of duty or of misconduct.
Notifying responsible Minister, agency head and Public Service Commissioner
(2) If the Inspector - General is satisfied on reasonable grounds that the evidence is of sufficient weight to justify the Inspector - General doing so, the Inspector - General must bring the evidence to the notice of:
(a) either:
(i) if the person is the head of that agency--the responsible Minister; or
(ii) in any other case--the head of that agency; and
(b) without limiting paragraph (a), if:
(i) the Commonwealth agency is an Agency within the meaning of the Public Service Act 1999 ; and
(ii) the person is the Agency Head (within the meaning of that Act) of the agency; and
(iii) the breach of duty or misconduct could constitute a contravention of the APS Code of Conduct;
the Australian Public Service Commissioner appointed under that Act.