Commonwealth Consolidated Acts Commonwealth Consolidated ActsSanctions that may be imposed
(1) A Secretary may impose the following sanctions on a Parliamentary Service employee in the relevant Department who is found (under procedures established under subsection ( 3) of this section or subsection 48A(2) ) to have breached the Code of Conduct:
(a) termination of employment;
(b) reduction in classification;
(c) re - assignment of duties;
(d) reduction in salary;
(e) deductions from salary, by way of fine;
(f) a reprimand.
Note: See sections 29 and 38 in relation to terminating a Parliamentary Service employee's employment.
(2) The determinations may prescribe limitations on the power of a Secretary to impose sanctions under subsection ( 1).
Providing false or misleading information etc. in connection with engagement as a Parliamentary Service employee
(2A) A person who is, or was, a Parliamentary Service employee is taken to have breached the Code of Conduct if the person is found (under procedures established under subsection ( 3) of this section or subsection 48A(2)) to have, before being engaged as a Parliamentary Service employee:
(a) knowingly provided false or misleading information to another Parliamentary Service employee, or to a person acting on behalf of the Commonwealth; or
(b) wilfully failed to disclose to another Parliamentary Service employee, or to a person acting on behalf of the Commonwealth, information that the person knew, or ought reasonably to have known, was relevant; or
(c) otherwise failed to behave honestly and with integrity;
in connection with the person's engagement as a Parliamentary Service employee.
Note: If the person is a Parliamentary Service employee at the time a finding referred to in paragraph ( 2A)(a), (b) or (c) is made in relation to the person, the Secretary of the Department in which the person is employed may impose sanctions on the person as permitted by subsection ( 1).
Procedures for determining whether Parliamentary Service employee, or former Parliamentary Service employee, has breached the Code of Conduct etc.
(3) A Secretary must establish written procedures in accordance with this section for determining:
(a) whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the relevant Department has breached the Code of Conduct (including by engaging in conduct referred to in subsection ( 2A)); and
(b) the sanction (if any) that is to be imposed under subsection ( 1) on a Parliamentary Service employee in the relevant Department who is found to have breached the Code of Conduct (including by engaging in conduct referred to in subsection ( 2A)).
(4) The procedures:
(a) must comply with basic procedural requirements set out in directions issued by the Commissioner under subsection ( 6); and
(b) must have due regard to procedural fairness.
(5) In addition, and without affecting subsection ( 4), the procedures may be different for:
(a) different categories of Parliamentary Service employees or former Parliamentary Service employees; or
(b) Parliamentary Service employees, or former Parliamentary Service employees, who:
(i) have been convicted of an offence against a Commonwealth, State or Territory law in respect of conduct that is alleged to constitute a breach of the Code of Conduct; or
(ii) have been found to have committed such an offence but no conviction is recorded.
(6) The Commissioner must, by legislative instrument, issue directions for the purposes of paragraph ( 4)(a).
(7) A Secretary must ensure that the procedures established under subsection ( 3) are made publicly available.
(8) Procedures established under subsection ( 3) are not legislative instruments.