What does the delegate consider?

The Merit Protection Commissioner's delegate considers:

  • the evidence gathered during the review
  • the employee's explanation for what happened and their concerns about the agency's decision(s).

The delegate reaches a conclusion about whether:

  • the employee did, or did not do, what is alleged
  • what the employee did, or did not do, was appropriate in light of the employee's responsibilities, agency policies etc
  • what the employee did, or did not do, was a breach of the Code of Conduct, and if so, what elements of the Code of Conduct were breached
  • if a sanction was imposed, was it appropriate in the circumstances of the employee's case.

In most cases, reviews by the delegate consider whether:

  • your agency substantially complied with it's procedures, policy or guidelines
  • the requirements of procedural fairness were substantially observed
  • the decision under review was appropriate or reasonable in the circumstances.

The delegate will then confirm, vary or set aside the agency decision(s).

The review does not consider whether it was appropriate to investigate the matter as a suspected breach of the Code of Conduct.