Federal Register of Legislation - Australian Government

Primary content

Parliamentary Service Commissioner's Direction 2014

Authoritative Version
Directions/Other as made
This direction closely follows Chapter 6 of the Australian Public Service Commissioner’s Directions 2013, which sets out basic procedural requirements for procedures established by Australian Public Service (‘APS’) agency heads for determining whether an APS employee or former employee has breached the APS Code of Conduct and any sanctions to be imposed on an APS employee found to have breached that Code.
Administered by: Prime Minister and Cabinet
Registered 06 Jan 2015
Tabling HistoryDate
Tabled HR09-Feb-2015
Tabled Senate09-Feb-2015

Parliamentary Service Commissioner’s Direction 2014

made under subsection 15(6) of the

Parliamentary Service Act 1999

 

Dated 23 December 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

John Lloyd PSM

Parliamentary Service Commissioner


Contents

Part 1—Preliminary

1                      Name of Direction

2                      Authority

3                      Commencement

4                      Replacement/revocation of previous Direction

Part 2—Secretary handling of suspected Code of Conduct breaches

1                      Purpose of Direction

2                      Application to former Parliamentary Service employees

3                      Employee must be informed that a determination is being considered

4                      Employee must be informed before a sanction is imposed

5                      Person making determination to be independent and unbiased

6                      Determination process to be informal

7                      Record of determination and sanctions



Part 1—Preliminary

1              Name of Direction

                 This Direction is the Parliamentary Service Commissioner’s Direction 2014.

2              Authority

                 This Direction is made under subsection 15(6) of the Parliamentary Service Act 1999 (the Act).

3              Commencement

                 This Direction will commence on the day after it is registered on the Federal Register of Legislative Instruments.

4              Revocation of previous directions

                 This Direction revokes the Parliamentary Service Commissioner’s Direction 2000/1.


 

Part 2—Secretary handling of suspected Code of Conduct breaches

1              Purpose of Direction

                The purpose of this Direction is to set out the basic procedural requirements that must be complied with by the procedures established by a Secretary under subsection 15 (3) of the Act for:

                (a)    determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the Department has breached the Code of Conduct; and

               (b)    determining what sanction, if any, should be imposed on a Parliamentary Service employee for a breach of the Code of Conduct.

Note:               The requirements set out in this Direction and the procedures established under subsection 15 (3) of the Act apply only in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, or former Parliamentary Service employee, in respect of which a determination may be made. Not all suspected breaches of the Code of Conduct need to be dealt with by way of a determination. In particular circumstances, another way of dealing with a suspected breach of the Code of Conduct may be more appropriate. (See also clause 52 of Parliamentary Service Determination 2013.)

2              Application to former Parliamentary Service employees

         (1)   In this Direction, unless the contrary intention appears, a reference to a Parliamentary Service employee in a Department includes a reference to a former Parliamentary Service employee who is suspected of having breached the Code of Conduct while an employee in the Department.

         (2)   Subparagraph 3(a)(ii) and clause 4 do not apply in relation to a former employee.

3              Employee must be informed that a determination is being considered

                A determination may not be made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee unless reasonable steps have been taken to:

                (a)    inform the employee of:

                          (i)    the details of the suspected breach (including any subsequent variation of those details); and

                         (ii)    the sanctions that may be imposed on the employee under subsection 15 (1) of the Act; and

               (b)    give the employee a reasonable opportunity to make a statement in relation to the suspected breach.

4              Employee must be informed before a sanction is imposed

                If a determination is made that a Parliamentary Service employee has breached the Code of Conduct, a sanction may not be imposed unless reasonable steps have been taken to:

(a)inform the employee of:

                          (i)    the determination; and

                         (ii)    the sanction or sanctions that are under consideration; and

                        (iii)    the factors that are under consideration in determining any sanction to be imposed; and

(b)        give the employee a reasonable opportunity to make a statement in relation to sanctions under consideration.

5              Person making determination to be independent and unbiased

                A Secretary must take reasonable steps to ensure that:

                (a)    the person who determines whether a Parliamentary Service employee has breached the Code of Conduct is, and appears to be, independent and unbiased; and

               (b)    the person who determines any sanction to be imposed is, and appears to be, independent and unbiased.

6              Determination process to be informal

                The process for determining whether a Parliamentary Service employee has breached the Code of Conduct must be carried out with as little formality and as much expedition as a proper consideration of the matter allows.

7              Record of determination and sanctions

                If a determination is made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, a written record must be made of:

                (a)    the suspected breach; and

               (b)    the determination; and

                (c)    any sanctions imposed as a result of a determination that the employee breached the Code of Conduct; and

               (d)    if a statement of reasons was given to the employee—the statement of reasons.

Note:               The Archives Act 1983 applies to a record made under this clause.