Commonwealth Consolidated Acts

PARLIAMENTARY SERVICE ACT 1999 - SECT 48A

Request for inquiry

  (1)   The Merit Protection Commissioner may, for the purposes of paragraph   48(1)(ca), inquire into and determine whether a Parliamentary Service employee, or a former Parliamentary Service employee, has breached the Code of Conduct if:

  (a)   the Secretary of the Department in which the Parliamentary Service employee, or former Parliamentary Service employee, was employed at the time of the alleged breach requests the Merit Protection Commissioner to do so; and

  (b)   the Merit Protection Commissioner considers it would be appropriate to do so; and

  (c)   the Parliamentary Service employee, or former Parliamentary Service employee, agrees, in writing, to the Merit Protection Commissioner doing so.

Note:   A finding by the Merit Protection Commissioner under this section is reviewable under the Administrative Decisions (Judicial Review) Act 1977 .

Procedures for inquiry

  (2)   The Merit Protection Commissioner must establish written procedures for inquiring into and determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, has breached the Code of Conduct (including by engaging in conduct referred to in subsection   15(2A)). The procedures:

  (a)   must comply with basic procedural requirements prescribed by the determinations; and

  (b)   must have due regard to procedural fairness.

Note:   The procedures may make different provision for different classes of Parliamentary Service employees or former Parliamentary Service employees (see subsection   33(3A) of the Acts Interpretation Act 1901 ).

  (3)   In addition, and without affecting subsection   ( 2), 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.

  (4)   The Merit Protection Commissioner must ensure that the procedures established under subsection   ( 2) are made publicly available.

  (5)   Procedures established under subsection   ( 2) are not legislative instruments.

Merit Protection Commissioner's powers

  (6)   For the purposes of inquiring into and determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, in a Department has breached the Code of Conduct, the Merit Protection Commissioner may exercise the same powers as the Secretary of the relevant Department may exercise in determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the Department has breached the Code of Conduct.

Report on results of inquiry

  (7)   The Merit Protection Commissioner must report on the results of an inquiry and determination under this section to the Secretary who requested the inquiry.

Note:   If the Merit Protection Commissioner finds that a Parliamentary Service employee in a Department has breached the Code of Conduct, the Secretary of the Department may impose a sanction on the Parliamentary Service employee under subsection   15(1).