What do we consider?

The Merit Protection Commissioner considers:

  • the evidence gathered during the review (you will usually be given a copy of this information)
  • the employee's explanation for what happened and their concerns about the agency's decision(s).

The Merit Protection Commissioner 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  consider whether:

  • your agency substantially complied with relevant procedures, policy or guidelines
  • the requirements of procedural fairness were substantially observed
  • the decision under review was appropriate or reasonable in the circumstances.
  • The review does not consider whether it was appropriate to investigate the matter as a suspected breach of the Code of Conduct.

The Merit Protection Commissioner will then confirm, vary or set aside the agency’s decision(s).

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