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PARLIAMENTARY SERVICE ACT 1999 No. 145, 1999 No. 145, 1999 - SECT 48

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 inquiries (including, where relevant, recommendations for sanctions);

(c)
to inquire into a Parliamentary Service action, at the request of the Presiding Officers, and to report to the Presiding Officers on the results of the inquiry;

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

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

(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 determinations 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.

"Parliamentary Service action" means an action in relation to the employment of a Parliamentary Service employee, being an action by another Parliamentary Service employee or by a Secretary.


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