Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:90
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 90
Character Range: 131691–134235

90  Action by Secretary
 (1) If a Secretary receives a recommendation under section 86 or 89 following a review of a Parliamentary Service action, the Secretary must, as soon as reasonably practicable after receiving the recommendation:
 (a) consider the recommendation; and
 (b) make a decision about the recommendation.
 (2) For the purposes of paragraph (1)(b), the Secretary may:
 (a) confirm the action; or
 (b) vary the action; or
 (c) set the action aside and substitute a new action.
 (3) If the Secretary acts in accordance with the recommendation, the Secretary is not required to seek the view of the affected employee before acting on the recommendation.
Note:  The views of the affected employee should have been sought by the Merit Protection Commissioner during the review in accordance with the principles of procedural fairness.
 (4) Subsection (2) does not limit the employer powers of the Secretary in relation to the action or the affected employee.
Example: The Secretary may take other appropriate action to rectify effects of the action or restore the affected employee to the position in which the employee would have been if the action had not been taken.
 (5) If, after considering the recommendation:
 (a) the Secretary considers making a finding of a breach of the Code of Conduct; and
 (b) the Secretary had not made the finding before the recommendation was made; and
 (c) the finding was not mentioned in the recommendation;
the Secretary must comply with the procedures established under subsection 15(3) of the Act before deciding whether to make the finding.
 (6) If, after considering the recommendation:
 (a) the Secretary considers imposing a sanction for breach of the Code of Conduct that the Secretary had not imposed before the recommendation was made; and
 (b) the sanction was not mentioned in the recommendation;
the Secretary must comply with the procedures established under subsection 15(3) of the Act before deciding whether to impose the sanction.
 (7) The Secretary must tell the affected employee and the Merit Protection Commissioner in writing of:
 (a) the decision mentioned in paragraph (1)(b); and
 (b) the reasons for the decision.
Note:  Subsection 33(6) of the Act allows for matters to be reported to the Secretary of the relevant Department and to the Presiding Officers, for presentation to the Parliament, if the Merit Protection Commissioner is not satisfied with the response to recommendations contained in a report to a Secretary.

Subdivision E—Other provisions about review