Commonwealth Consolidated Acts

PUBLIC SERVICE ACT 1999 - SECT 50

  (1)   The Merit Protection Commissioner's functions include the following functions:

  (a)   to inquire, subject to the regulations, into public interest disclosures (within the meaning of the Public Interest Disclosure Act 2013 ), to the extent that the disclosures relate to alleged breaches of the Code of Conduct;

  (b)   to inquire into alleged breaches of the Code of Conduct by the Commissioner and report to the Presiding Officers on the results of such enquiries (including, where relevant, recommendations for sanctions);

  (c)   to inquire into an APS action, at the request of the Public Service Minister, and to report to the Public Service Minister on the results of the inquiry;

  (ca)   to inquire into and determine, in accordance with section   50A, whether an APS employee, or a former APS employee, has breached the Code of Conduct;

  (d)   such functions as are prescribed by regulations made for the purposes of section   33;

  (e)   such other functions as are prescribed by the regulations.

  (2)   The following provisions apply in relation to an inquiry under paragraph   ( 1)(a) or (c) (with references to the Auditor - General being replaced by references to the Merit Protection Commissioner):

  (a)   sections   32, 33 and 35 of the Auditor - General Act 1997 ;

  (b)   any other provisions of the Auditor - General Act 1997 , or of regulations under that Act, that are relevant to the operation of section   32, 33 or 35 of that Act.

  (3)   The regulations may authorise the Merit Protection Commissioner to charge fees (on behalf of the Commonwealth) for the performance of functions prescribed under paragraph   ( 1)(e).

  (4)   In this section:

"action" includes a refusal or failure to act.

"APS action" means an action in relation to the employment of an APS employee, being an action by another APS employee or by an Agency Head.