Code of Conduct inquiries by the Merit Protection Commissioner

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Code of Conduct inquiry by the Merit Protection Commissioner: information for current and former employees

Why has the Merit Protection Commissioner been asked to conduct this inquiry?

Your agency head (or former agency head) has asked the Merit Protection Commissioner to inquire into and determine whether you have breached the APS Code of Conduct.

Why am I being asked to give consent?

The Merit Protection Commissioner can only conduct the inquiry with your consent.

What if I don’t give consent?

If you don't give consent, your agency can still conduct its own inquiry under their procedures.

What does this mean for my review rights?

The Merit Protection Commissioner can't review her own decision about whether or not you have breached the Code of Conduct. You can still seek external review of the decision.

Who will conduct the inquiry?

The inquiry will be conducted by an inquiry officer. The Merit Protection Commissioner makes a decision based on their report.

How will the inquiry be conducted?

The inquiry will be conducted consistent with these published procedures.

What decision will the Merit Protection Commissioner make?

The Merit Protection Commissioner (or delegate) makes a binding decision on whether or not there has been a breach of the Code of Conduct only. Any decision on sanction is made by the agency.

Can an individual appeal a decision?

A Merit Protection Commissioner decision cannot be appealed under the Public Service Act. There are external review options.

I want more information about a Code of Conduct Inquiry?

More information on the Code of Conduct inquiry service is available.

Code of Conduct inquiries by the Merit Protection Commissioner: information for agencies

Why use the Merit Protection Commissioner to undertake a Code of Conduct inquiry?

 One important reason is the confidence that impartial, credible experts bring to the inquiry.

Who conducts an inquiry?

A skilled and experienced inquiry officer is appointed to conduct the inquiry.

How can the agency be sure about the standard of the inquiry?

The inquiry is conducted by skilled and senior officers supported by subject matter experts.

Is there a procurement process to use this service?

No procurement process is required.

What is the role of the agency?

The main role of the agency is to promptly provide details of the suspected breach, policy information and contact details.

How will the inquiry be conducted?

The inquiry will be conducted consistent with published procedures.

What decision will the Merit Protection Commissioner (or delegate) considers

The Merit Protection Commissioner (or delegate) considers only decides whether or not the person has breached the Code of Conduct.

Can an individual appeal a Merit Protection Commissioner (or delegate) decision

A Merit Protection Commissioner (or delegate) decision cannot be appealed under the Public Service Act. There are external review options.

I want more information about a Code of Conduct Inquiry?

More information on the Code of Conduct inquiry service is available.