58Inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct

#### 58 Inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct (1) For the purposes of paragraph 50(1)(a) of the Act, this section relates to the function of the Merit Protection Commissioner to inquire into a public interest disclosure (the disclosure), to the extent that the disclosure relates to one or more alleged breaches of the Code of Conduct. Inquiry into disclosure (2) The Merit Protection Commissioner may inquire into the disclosure if the Merit Protection Commissioner is satisfied that it would be inappropriate for the discloser to make the disclosure to an Agency Head. (3) The Merit Protection Commissioner may inquire into the disclosure if: (a) the disclosure was made to an Agency Head; and (b) the Merit Protection Commissioner reasonably believes that the disclosure was not satisfactorily handled by the Agency Head. Merit Protection Commissioner may decline to conduct, or discontinue, inquiry (4) The Merit Protection Commissioner may decide to decline to inquire into the disclosure, or to discontinue an inquiry into the disclosure, if the Merit Protection Commissioner concludes that conducting or continuing the inquiry would not be justified in all the circumstances. (5) In deciding whether to decline to conduct, or to discontinue, an inquiry into a disclosure, the Merit Protection Commissioner may have regard to the following: (a) whether the disclosure would be more appropriately dealt with by other means; (b) whether the disclosure is vexatious, frivolous, misconceived or lacking in substance; (c) whether sufficient detail about the alleged breaches to which the disclosure relates has been provided; (d) whether the disclosure refers to specific decisions or actions by an APS employee; (e) whether the disclosure identifies conduct which, if proven, would constitute a breach of the Code of Conduct; (f) whether the disclosure relates to a decision properly taken, or to policy properly followed, by an APS employee, with which the discloser disagrees; (g) whether the cost of conducting an inquiry is justified in the circumstances. Process for inquiry (6) If the Merit Protection Commissioner inquires into the disclosure, the Merit Protection Commissioner must: (a) consider, having regard to all the circumstances, whether to give a person about whom the disclosure has been made an opportunity to be heard in relation to the disclosure; and (b) take reasonable steps to report the outcome of the inquiry to the discloser and the relevant Agency Head. > Note: Section 72B of the Act deals with circumstances in which the Merit Protection Commissioner may make a record of, disclose or otherwise use certain information for the purposes of, or in connection with, the performance of the Merit Protection Commissioner’s functions. > Note: If the Merit Protection Commissioner gives a person about whom a disclosure has been made an opportunity to be heard in relation to the disclosure, the Merit Protection Commissioner may give the person information identifying the discloser to the extent the Merit Protection Commissioner considers appropriate in the circumstances.