Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:124
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 124
Character Range: 167867–170055

124  Basic requirements for procedures for determining breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee
 (1) For the purposes of paragraph 48A(2)(a) of the Act, this section prescribes basic requirements that must be complied with by the Merit Protection Commissioner's written procedures for inquiring into and determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, has breached the Code of Conduct.
 (2) The procedures must require that the Merit Protection Commissioner not make a determination in relation to an alleged breach of the Code of Conduct by a Parliamentary Service employee, or a former Parliamentary Service employee, unless:
 (a) the Merit Protection Commissioner has taken reasonable steps to tell the employee, or former employee, the details of the suspected breach (including any variation of those details); and
 (b) the employee, or former employee, has been given a reasonable opportunity to make a statement in relation to the alleged breach; and
 (c) if the alleged breach is by a Parliamentary Service employee—the Merit Protection Commissioner has taken reasonable steps to inform the employee of the sanctions that may be imposed on the employee under subsection 15(1) of the Act.
 (3) The procedures must require that the process for determining whether a Parliamentary Service employee or a former Parliamentary Service employee has breached the Code of Conduct be carried out as quickly and with as little formality as a proper consideration of the matter allows.
 (4) The procedures must require that reasonable steps be taken to ensure that any person authorised under the Merit Protection Commissioner's written procedures to determine whether a Parliamentary Service employee or a former Parliamentary Service employee has breached the Code of Conduct is, and appears to be, independent and unbiased.
 (5) The procedures must require that a written record be prepared stating whether it has been determined that the Parliamentary Service employee or the former Parliamentary Service employee has breached the Code of Conduct.

Division 4—Other provisions