Document ID: chunk:federal_register_of_legislation:C2024A00076:clause:2_1
Version: federal_register_of_legislation:C2024A00076
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 5971–8396

1  Validation and continuation of certain pre‑commencement reviews

Scope
(1) This item applies in relation to a review or purported review of a matter under paragraph 41(2)(k) of the Public Service Act if:
 (a) the review or purported review began in the period between 7 July 2023 and the day before commencement; and
 (b) the matter involved a breach, or an alleged breach, of the Code of Conduct by an Agency Head or former Agency Head.
(2) A review or purported review mentioned in subitem (1) is a Code of Conduct review.

Validation of Code of Conduct reviews
(3) If a Code of Conduct review would not, but for this subitem, be authorised by or under paragraph 41(2)(k) of the Public Service Act, it is taken to be, and to have always been, by force of this subitem, validly conducted.

Continuation of Code of Conduct reviews
(4) On and after commencement, a Code of Conduct review is, by force of this subitem, continued as an inquiry under paragraph 41(2)(m) of the Public Service Act.
(5) Subitem (4) applies regardless of whether the Code of Conduct review:
 (a) was continuing immediately before commencement; or
 (b) had concluded before commencement.
(6) In conducting the inquiry on and after commencement, the Commissioner may use or disclose any of the following:
 (a) information given, or documents produced, to the Commissioner by any person in the course of the Code of Conduct review;
 (b) information or documents created by the Commissioner in the course of the Code of Conduct review.

Procedural fairness
(7) Nothing in this item is intended to affect any rights of a person, that arose before commencement, in relation to a failure to afford the person procedural fairness in relation to the Code of Conduct review.

Definitions
(8) In this item:
Code of Conduct has the same meaning as in the Public Service Act.
commencement means the day that this item commences.
Commissioner has the same meaning as in the Public Service Act.
Public Service Act means the Public Service Act 1999.

References to the Commissioner
(9) A reference in this item to the Commissioner includes:
 (a) a delegate of the Commissioner; and
 (b) an entrusted person (other than the Commissioner or a delegate of the Commissioner) within the meaning of subsection 72A(1) of the Public Service Act.

[Minister's second reading speech made in—
House of Representatives on 14 August 2024
Senate on 21 August 2024]

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