Document ID: chunk:federal_register_of_legislation:F2024L01370:clause:1_50a
Version: federal_register_of_legislation:F2024L01370
Segment Type: clause
Provision Reference: sch 1 cl 50A
Character Range: 2148–4118

50A  Basic requirements for procedures for determining alleged breach of Code of Conduct by Agency Head or former Agency Head
 (1) For the purposes of paragraph 41A(1A)(a) of the Act, this section prescribes basic procedural requirements that must be complied with by the Australian Public Service Commissioner's written procedures for inquiring into and determining whether an Agency Head, or a former Agency Head, has breached the Code of Conduct.
Note: The Australian Public Service Commissioner may inquire into and determine whether an Agency Head, or a former Agency Head, has breached the Code of Conduct (see paragraph 41(2)(m) and section 41A of the Act).
 (2) The procedures must require the Australian Public Service Commissioner not to make a determination in relation to an alleged breach of the Code of Conduct by an Agency Head, or a former Agency Head, unless:
 (a) the Australian Public Service Commissioner has taken reasonable steps to tell the Agency Head, or former Agency Head, the details of the suspected breach (including any variation of those details); and
 (b) the Agency Head, or former Agency Head, has been given a reasonable opportunity to make a statement in relation to the alleged breach.
 (3) The procedures must require the process for determining whether an Agency Head, or a former Agency Head, has breached the Code of Conduct to be carried out as quickly and with as little formality as a proper consideration of the matter allows.
 (4) The procedures must require reasonable steps to be taken to ensure that any person authorised under the Australian Public Service Commissioner's written procedures to determine whether an Agency Head, or a former Agency Head, has breached the Code of Conduct is, and appears to be, independent and unbiased.
 (5) The procedures must require a written record to be prepared stating whether it has been determined that the Agency Head, or former Agency Head, has breached the Code of Conduct.