Document ID: chunk:federal_register_of_legislation:C2013A00002:clause:3_4
Version: federal_register_of_legislation:C2013A00002
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 63645–64840

4  Subsection 37B(4)
Repeal the subsection, substitute:
 (4) Subject to subsection (4A), action must not be taken in relation to the Principal Registrar, a Registrar or a Deputy Registrar (or a former Principal Registrar, Registrar or Deputy Registrar):
 (a) by an Agency Head under section 15 of the Public Service Act 1999; or
 (b) by the Australian Public Service Commissioner under section 41B of that Act; or
 (c) by the Merit Protection Commissioner under section 50A of that Act;
unless the Chief Judge has requested the Agency Head, the Australian Public Service Commissioner or the Merit Protection Commissioner to take such action.
Note: Sections 15, 41B and 50A of the Public Service Act 1999 make provision for dealing with an alleged breach of the Code of Conduct (within the meaning of that Act) by an APS employee or a former APS employee.
 (4A) Subsection (4) does not apply if the Prime Minister has requested the Australian Public Service Commissioner to take action under section 41B of the Public Service Act 1999 in relation to the Principal Registrar, a Registrar or a Deputy Registrar (or a former Principal Registrar, Registrar or Deputy Registrar).

Ombudsman Act 1976