Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of paragraph 41(2)(o) of the Act, this section relates to the function of the Australian Public Service Commissioner to inquire into a public interest disclosure (the disclosure ), to the extent that the disclosure relates to one or more alleged breaches of the Code of Conduct.
Inquiry into disclosure
(2) The Australian Public Service Commissioner may inquire into the disclosure if the Australian Public Service Commissioner is satisfied that it would be inappropriate for the discloser to make the disclosure to an Agency Head.
(3) The Australian Public Service Commissioner may inquire into the disclosure if:
(a) the disclosure was made to an Agency Head; and
(b) the Australian Public Service Commissioner reasonably believes that the disclosure was not satisfactorily handled by the Agency Head.
Australian Public Service Commissioner may decline to conduct, or discontinue, inquiry
(4) The Australian Public Service Commissioner may decide to decline to inquire into the disclosure, or to discontinue an inquiry into the disclosure, if the Australian Public Service Commissioner concludes that conducting, or continuing, the inquiry would not be justified in all the circumstances.
(5) In deciding whether to decline to conduct, or to discontinue, an inquiry into the disclosure, the Commissioner may have regard to the following:
(a) whether the disclosure would be more appropriately dealt with by other means;
(b) whether the disclosure is vexatious, frivolous, misconceived or lacking in substance;
(c) whether sufficient detail about the alleged breaches to which the disclosure relates has been provided;
(d) whether the disclosure refers to specific decisions or actions by an APS employee;
(e) whether the disclosure identifies conduct which, if proven, would constitute a breach of the Code of Conduct;
(f) whether the disclosure relates to a decision properly taken, or to policy properly followed, by an APS employee, with which the discloser disagrees;
(g) whether the cost of conducting an inquiry is justified in the circumstances.
Process for inquiry
(6) If the Australian Public Service Commissioner inquires into the disclosure, the Australian Public Service Commissioner must:
(a) consider, having regard to all the circumstances, whether to give a person about whom the disclosure has been made an opportunity to be heard in relation to the disclosure; and
(b) take reasonable steps to report the outcome of the inquiry to the discloser and the relevant Agency Head.
Note: Section 72A of the Act deals with circumstances in which the Australian Public Service Commissioner may make a record of, disclose or otherwise use certain information for the purposes of, or in connection with, the performance of the Australian Public Service Commissioner's functions.
If the Australian Public Service Commissioner gives a person about whom a disclosure has been made an opportunity to be heard in relation to the disclosure, the Australian Public Service Commissioner may give the person information identifying the discloser to the extent the Australian Public Service Commissioner considers appropriate in the circumstances.