Commonwealth Numbered Regulations

PUBLIC SERVICE REGULATIONS 2023 (F2023L00368) - REG 52

             (1)  For the purposes of paragraph 41B(3)(a) of the Act, this section prescribes basic procedural requirements that must be complied with by the Australian Public Service Commissioner's written procedures for inquiring into and determining whether an APS employee, or a former APS employee, in an Agency has breached the Code of Conduct.

Note:          The Australian Public Service Commissioner may inquire into and determine whether an APS employee, or a former APS employee, in an Agency has breached the Code of Conduct (see paragraph 41(2)(n) and section 41B of the Act).

             (2)  The procedures must require the Australian Public Service Commissioner not to make a determination in relation to an alleged breach of the Code of Conduct by an APS employee, or a former APS employee, unless:

                     (a)  the Australian Public Service Commissioner has taken reasonable steps to tell the APS employee, or former APS employee, the details of the suspected breach (including any variation of those details); and

                     (b)  the APS employee, or former APS employee, has been given a reasonable opportunity to make a statement in relation to the alleged breach; and

                     (c)  if the alleged breach is by an APS employee--the Australian Public Service Commissioner has taken reasonable steps to inform the employee of the sanctions that may be imposed on the employee under subsection 15(1) of the Act.

             (3)  The procedures must require the process for determining whether an APS employee, or a former APS employee, has breached the Code of Conduct to be carried out as quickly and with as little formality as a proper consideration of the matter allows.

             (4)  The procedures must require reasonable steps to be taken to ensure that any person authorised under the Australian Public Service Commissioner's written procedures to determine whether an APS employee, or a former APS employee, has breached the Code of Conduct is, and appears to be, independent and unbiased.

             (5)  The procedures must require a written record to be prepared stating whether it has been determined that the APS employee, or former APS employee, has breached the Code of Conduct.