Document ID: chunk:federal_register_of_legislation:F2015L00015:body:0:p1
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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