122Making of an application does not operate as stay

122  Making of an application does not operate as stay

  The making of an application for review of a determination under this Subdivision does not operate to stay the determination.

Subdivision E—Review of actions of statutory office holders

123  Review of actions of statutory office holders other than Secretaries

 (1) A non‑SES employee may apply to the Merit Protection Commissioner for review of an action of a statutory office holder (other than a Secretary) that:

 (a) relates to the employee’s Parliamentary Service employment; and

 (b) is not a termination of the employee’s employment; and

 (c) if the statutory office holder were a Secretary, would be a reviewable action.

 (2) The Merit Protection Commissioner may, by written notice given to the statutory office holder, require the statutory office holder to give the Merit Protection Commissioner:

 (a) a report about the action; and

 (b) other stated information or documents relevant to the review.

 (3) The statutory office holder must give the report and other information or documents in the way, and at or within the time, stated in the notice.

 (4) The Merit Protection Commissioner must:

 (a) conduct a de novo review of the action; and

 (b) make a recommendation to the statutory office holder in writing about the action; and

 (c) tell the statutory office holder, in writing, the reasons for the recommendation; and

 (d) tell the employee in writing of the recommendation and reasons given to the statutory office holder.

 (5) If the Merit Protection Commissioner is not satisfied with the statutory office holder’s response to the Merit Protection Commissioner’s recommendation, the Merit Protection Commissioner may give a report on the matter to the Presiding Officers.

Division 3—Basic requirements for procedures for determining alleged breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee

124  Basic requirements for procedures for determining breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee

 (1) For the purposes of paragraph 48A(2)(a) of the Act, this section prescribes basic requirements that must be complied with by the Merit Protection Commissioner’s written procedures for inquiring into and determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, has breached the Code of Conduct.

 (2) The procedures must require that the Merit Protection Commissioner not make a determination in relation to an alleged breach of the Code of Conduct by a Parliamentary Service employee, or a former Parliamentary Service employee, unless: