7.10Basic requirements for procedures for determining breach of Code of Conduct by an APS employee or a former APS employee

7.10 Basic requirements for procedures for determining breach of Code of Conduct by an APS employee or a former APS employee

(1) For paragraph 50A(2)(a) of the Act, this regulation prescribes basic requirements that the Merit Protection Commissioner’s written procedures must comply with. (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 an APS employee or a former APS employee unless: (a) the Merit Protection Commissioner has taken reasonable steps to tell the APS employee or the former APS employee the details of the suspected breach (including any variation of those details); and (b) the Merit Protection Commissioner has taken reasonable steps to tell the APS employee the sanctions that may be imposed on the APS employee under subsection 15(1) of the Act; and (c) the APS employee or the former APS employee has been given a reasonable opportunity to make a statement in relation to the alleged breach. (3) The procedures must require that the process for determining whether an APS employee or a former APS employee has breached the Code of Conduct be carried out as quickly and with as little formality as a proper consideration of the matter allows. (4) The procedures must require that reasonable steps be taken to ensure that any person authorised under the Merit Protection Commissioner’s written procedures to determine whether an APS employee or a former APS employee has breached the Code of Conduct is, and appears to be, independent and unbiased. (5) The procedures must require that a written record be prepared stating whether it has been determined that the APS employee or the former APS employee has breached the Code of Conduct.

61 Subregulation 8.1(1)

Omit “remuneration and other conditions”, substitute “terms and conditions”.

62 After subregulation 8.1(2)

Insert:

Note: Subregulations (3) and (4) deal with the variation of other terms and conditions of employment, such as leave, allowances (including allowances that may normally be paid in an employee’s fortnightly pay), travel and other expenses, bonuses etc.

(2A) The annual salary worked out under subregulation (2) ceases to apply when the salary of the APS employee is increased by an employment arrangement.

63 Subregulation 8.1(3)

Omit “other conditions”, substitute “other terms and conditions”.

64 Paragraph 8.1(3)(b)

Omit “the conditions”, substitute “the terms and conditions”.

65 Subregulation 8.1(3) (note)

Omit “a condition”, substitute “a term or condition”.

66 Subregulation 8.1(4)

Omit “the conditions”, substitute “the terms and conditions”.