Document ID: chunk:federal_register_of_legislation:C2013A00004:clause:1_30:p1
Version: federal_register_of_legislation:C2013A00004
Segment Type: clause
Provision Reference: sch 1 cl 30 (pt 1/2)
Character Range: 18763–21702

30  Subsections 15(3), (4) and (5)
Repeal the subsections, substitute:

Providing false or misleading information etc. in connection with engagement as a Parliamentary Service employee
 (2A) A person who is, or was, a Parliamentary Service employee is taken to have breached the Code of Conduct if the person is found (under procedures established under subsection (3) of this section or subsection 48A(2)) to have, before being engaged as a Parliamentary Service employee:
 (a) knowingly provided false or misleading information to another Parliamentary Service employee, or to a person acting on behalf of the Commonwealth; or
 (b) wilfully failed to disclose to another Parliamentary Service employee, or to a person acting on behalf of the Commonwealth, information that the person knew, or ought reasonably to have known, was relevant; or
 (c) otherwise failed to behave honestly and with integrity;
in connection with the person's engagement as a Parliamentary Service employee.
Note: If the person is a Parliamentary Service employee at the time a finding referred to in paragraph (2A)(a), (b) or (c) is made in relation to the person, the Secretary of the Department in which the person is employed may impose sanctions on the person as permitted by subsection (1).

Procedures for determining whether Parliamentary Service employee, or former Parliamentary Service employee, has breached the Code of Conduct etc.
 (3) A Secretary must establish written procedures in accordance with this section for determining:
 (a) whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the relevant Department has breached the Code of Conduct (including by engaging in conduct referred to in subsection (2A)); and
 (b) the sanction (if any) that is to be imposed under subsection (1) on a Parliamentary Service employee in the relevant Department who is found to have breached the Code of Conduct (including by engaging in conduct referred to in subsection (2A)).
 (4) The procedures:
 (a) must comply with basic procedural requirements set out in directions issued by the Commissioner under subsection (6); and
 (b) must have due regard to procedural fairness.
 (5) In addition, and without affecting subsection (4), the procedures may be different for:
 (a) different categories of Parliamentary Service employees or former Parliamentary Service employees; or
 (b) Parliamentary Service employees, or former Parliamentary Service employees, who:
 (i) have been convicted of an offence against a Commonwealth, State or Territory law in respect of conduct that is alleged to constitute a breach of the Code of Conduct; or
 (ii) have been found to have committed such an offence but no conviction is recorded.
 (6) The Commissioner must, by legislative instrument, issue directions for the purposes of paragraph (4)(a).
 (7) A Secretary must ensure that the procedures established under subsection (3) are made