Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:82
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 82
Character Range: 111047–113010

82  Functions of Merit Protection Commissioner on request by relevant employer
 (1) The Merit Protection Commissioner may, on request by a relevant employer, do any of the following:
 (a) review action that relates to the employment of a person by the relevant employer;
 (b) investigate action that relates to the employment of a person by the relevant employer;
 (c) provide advice that relates to the employment of a person by the relevant employer;
 (d) provide services in connection with selection committees used by the relevant employer for the selection or employment of a person;
 (e) provide other services that relate to the employment of a person by the relevant employer.

Meaning of relevant employer
 (2) A relevant employer is:
 (a) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or
 (b) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013); or
 (c) a corporation to which paragraph 51(xx) of the Constitution applies; or
 (d) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or
 (e) a Department of State, or an authority or body, of a State; or
 (f) a Department of State, or an authority or body, of a Territory; or
 (g) a foreign government, an authority or body of a foreign government, or an international organisation.

Discretion of Merit Protection Commissioner
 (3) The functions mentioned in subsection (1) may be performed at the discretion of the Merit Protection Commissioner.

Fees may be charged
 (4) For the purposes of subsection 50(3) of the Act, the Merit Protection Commissioner is authorised to charge a fee (on behalf of the Commonwealth) for the performance of a function mentioned in subsection (1) of this section.

Division 3—Basic requirements for procedures for determining alleged breach of Code of Conduct by APS employee or former APS employee