24CJDecision not to investigate—referral to Agency Head etc.

24CJ Decision not to investigate—referral to Agency Head etc.

(1) This section applies if the investigating Commissioner: (a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and (b) does so because, at the time of the conduct concerned, the respondent was: (i) an APS employee who is not a MOPS employee; or (ii) a Parliamentary Service employee; or (iii) an Agency Head; or (iv) the Secretary of a Parliamentary Department; or (v) the Parliamentary Librarian; or (vi) an AFP appointee. (2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by: (a) if the respondent is an APS employee of an Agency (within the meaning of the Public Service Act 1999)—the Agency Head of that Agency; or (b) if the respondent is a Parliamentary Service employee of a Parliamentary Department—the Secretary of that Department; or (c) if the respondent is an Agency Head—the Australian Public Service Commissioner; or (d) if the respondent is the Secretary of a Parliamentary Department—each Presiding Officer; or (e) if the respondent is the Parliamentary Librarian—the Secretary of the Department of Parliamentary Services; or (f) if the respondent is an AFP appointee—the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979). (3) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.