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PUBLIC SERVICE ACT 1999 - SECT 50

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

(a)
to inquire into reports made to the Merit Protection Commissioner (or to a person authorised by the Merit Protection Commissioner) as mentioned in section 16;

(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;

(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)(c) (with references to the Auditor-General being replaced by references to the Merit Protection Commissioner):

(a)
sections 32, 33, 34 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, 34 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.


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