What are the outcomes of a review on a general employment matter and a Code of Conduct breach and/or sanction matter?

We recommend to your agency head to either:

  • uphold
  • vary
  • set aside

the agency decision(s).

The agency is not obliged by law to follow the Merit Protection Commissioner's recommendation.

But it is unusual for an agency not to act on a recommendation from the Merit Protection Commissioner.

The agency head is required to tell the Merit Protection Commissioner in writing of their decision and the reasons for not following the Merit Protection Commissioner's recommendation.

If the Merit Protection Commissioner is not satisfied with the response to recommendations contained in the report to an Agency Head (Regulation 5.3.2(4)), the matter may be reported to the Agency Minister, the Prime Minister and the Parliament (sub section 33(6) of the Public Service Act).