Document ID: chunk:federal_register_of_legislation:C2024A00076:clause:1_5
Version: federal_register_of_legislation:C2024A00076
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 2318–3411

5  After subsection 41A(1)
Insert:

Procedures for inquiry
 (1A) The Commissioner must establish written procedures for inquiring into and determining whether an Agency Head, or a former Agency Head, has breached the Code of Conduct. The procedures:
 (a) must comply with basic procedural requirements prescribed by the regulations; and
 (b) must have due regard to procedural fairness.
 (1B) In addition, and without affecting subsection (1A), the procedures may be different for:
 (a) different categories of Agency Heads or former Agency Heads; or
 (b) Agency Heads, or former Agency Heads, 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.
 (1C) The Commissioner must ensure that the procedures established under subsection (1A) are made publicly available.
 (1D) Procedures established under subsection (1A) are not legislative instruments.

Report on results of inquiry