55Inquiries into Merit Protection Commissioner’s behaviour

#### 55 Inquiries into Merit Protection Commissioner’s behaviour (1) For the purposes of paragraph 41(2)(p) of the Act, it is a function of the Australian Public Service Commissioner: (a) to inquire into alleged breaches of the Code of Conduct by the Merit Protection Commissioner; and (b) to report to the Presiding Officers on the results of such inquiries (including, if relevant, recommendations for sanctions). Australian Public Service Commissioner may decline to conduct, or discontinue, inquiry (2) If the Commissioner decides that conducting, or continuing, an inquiry under subsection (1) would not be justified in all the circumstances, the Commissioner may: (a) decline to conduct the inquiry; or (b) discontinue the inquiry. (3) In deciding whether to decline to conduct, or to discontinue, an inquiry under subsection (1), the 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 Merit Protection Commissioner; (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 Merit Protection Commissioner, with which the person making the allegation disagrees; (f) whether the cost of conducting an inquiry is justified in the circumstances.