17AObligation when evidence of breach of duty or misconduct

#### 17A Obligation when evidence of breach of duty or misconduct (1) This section applies if, at any time before, during or after conducting: (a) an inspection under section 9A; or (b) a preliminary inquiry under section 14, or any other action taken by the Inspector‑General for the purpose of deciding whether to inquire into a matter; or (c) an inquiry under this Act; the Inspector‑General is satisfied on reasonable grounds that there is evidence that a person who is a member of a Commonwealth agency has been guilty of a breach of duty or of misconduct. Notifying responsible Minister, agency head and Public Service Commissioner (2) If the Inspector‑General is satisfied on reasonable grounds that the evidence is of sufficient weight to justify the Inspector‑General doing so, the Inspector‑General must bring the evidence to the notice of: (a) either: (i) if the person is the head of that agency—the responsible Minister; or (ii) in any other case—the head of that agency; and (b) without limiting paragraph (a), if: (i) the Commonwealth agency is an Agency within the meaning of the Public Service Act 1999; and (ii) the person is the Agency Head (within the meaning of that Act) of the agency; and (iii) the breach of duty or misconduct could constitute a contravention of the APS Code of Conduct; the Australian Public Service Commissioner appointed under that Act.