What decision will the Merit Protection Commissioner make?

The Merit Protection Commissioner (or delegate):

  • decides whether or not you have breached the Code of Conduct—your agency will be bound by the decision.
  • does not make any decision or recommendation about sanction if you are found to have breached the Code of Conduct.

If your agency makes a decision about sanction, an existing non-SES employee retains a right to apply to the Merit Protection Commissioner for review of a sanction decision.

In this situation, the Merit Protection Commissioner ensures that staff involved in reviewing any sanction resulting from a breach finding by her (or her delegate), has not been involved in the inquiry.