Document ID: chunk:federal_register_of_legislation:C2013A00134:clause:1_16
Version: federal_register_of_legislation:C2013A00134
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 12781–14195

16  After subsection 8(10)
Insert:
 (10A) Without limiting subsection (10), if the Ombudsman forms the opinion, either before or after completing an investigation under this Act, that there is evidence that an Agency Head may have breached the APS Code of Conduct, the Ombudsman must:
 (a) unless the Agency Head is the Australian Public Service Commissioner—bring the evidence to the notice of the Australian Public Service Commissioner; or
 (b) if the Agency Head is the Australian Public Service Commissioner—bring the evidence to the notice of the Merit Protection Commissioner.
 (10B) Without limiting subsection (10), if the Ombudsman forms the opinion, either before or after completing an investigation under this Act, that there is evidence that the Secretary of a Parliamentary Department may have breached the Code of Conduct (within the meaning of the Parliamentary Service Act 1999), the Ombudsman must bring the evidence to the notice of the Parliamentary Service Commissioner.
 (10C) Without limiting subsection (10), if the Ombudsman forms the opinion, either before or after completing an investigation under this Act, that there is evidence that the Parliamentary Service Commissioner may have breached the Code of Conduct (within the meaning of the Parliamentary Service Act 1999), the Ombudsman must bring the evidence to the notice of the Parliamentary Service Merit Protection Commissioner.