The Merit Protection Commissioner (or delegate) decides whether or not the person has breached the Code of Conduct—the agency will be bound by the decision.
The Merit Protection Commissioner (or delegate):
- does not decide or make a recommendation about sanction if the person is found to have breached the Code of Conduct.
This is because an existing non-SES employee retains a right to apply to the Merit Protection Commissioner for review of a sanction decision
- ensures staff involved in reviewing any sanction resulting from a breach finding have not been involved in the inquiry.