How does the Merit Protection Commissioner assist former employees?

Former APS and Parliamentary Service employees have rights of review for:

  1. a decision that they have breached the Code of Conduct after their public service employment ceased (Division 7.3, Public Service Regulations; Section 48A, Parliamentary Service Act 1999).
  2. the final entitlements paid (Division 7.3, Public Service Regulations; Division 3, clause 115, Parliamentary Service Determination).

An APS or Parliamentary Service agency can investigate whether or not a former employee has breached the Code of Conduct after they have left the service.

Agencies can ask the Merit Protection Commissioner to inquire into and determine if there has been a breach.

This is undertaken as a fee-for-service Code of Conduct inquiry.