CTHIn ForceLegislation
Public Service Regulations 2023
83Basic requirements for procedures for determining breach of Code of Conduct by APS employee or former APS employee
Start here
Get a plain-English read of 83
Turn the raw legal text into a practical explanation grounded in Public Service Regulations 2023.
#### 83 Basic requirements for procedures for determining breach of Code of Conduct by APS employee or former APS employee
(1) For the purposes of paragraph 50A(2)(a) of the Act, this section prescribes basic requirements that must be complied with by the Merit Protection Commissioner’s written procedures for inquiring into and determining whether an APS employee, or a former APS employee, has breached the Code of Conduct.
(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 former APS employee, the details of the suspected breach (including any variation of those details); and
(b) the APS employee, or former APS employee, has been given a reasonable opportunity to make a statement in relation to the alleged breach; and
(c) if the alleged breach is by an APS employee—the Merit Protection Commissioner has taken reasonable steps to inform the employee of the sanctions that may be imposed on the employee under subsection 15(1) of the Act.
(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.