51Circumstances in which Australian Public Service Commissioner may decline to conduct, or discontinue, inquiry

#### 51 Circumstances in which Australian Public Service Commissioner may decline to conduct, or discontinue, inquiry (1) For the purposes of paragraphs 41(2)(m) and 41A(3)(a) and (b) of the Act, a circumstance in which the Australian Public Service Commissioner may decide to decline to conduct, or to discontinue, an inquiry into an alleged breach of the Code of Conduct by an Agency Head, or a former Agency Head, is that the Australian Public Service Commissioner concludes that conducting or continuing the inquiry would not be justified in all the circumstances. (2) In deciding whether to decline to conduct, or to discontinue, an inquiry under subsection (1), the Australian Public Service Commissioner may have regard to the following: (a) whether the allegation is vexatious, frivolous, misconceived, or lacking in substance; (b) whether sufficient detail about the allegation has been provided; (c) whether the allegation refers to specific decisions or actions by the Agency Head, or former Agency Head; (d) whether the allegation identifies conduct which, if proven, would constitute a breach of the Code of Conduct; (e) whether the allegation relates to a decision properly taken, or to policy properly adopted, by the Agency Head, or former Agency Head, with which the person making the allegation disagrees; (f) whether the cost of conducting an inquiry is justified in the circumstances.