Document ID: chunk:federal_register_of_legislation:C2024C00795:section:41a
Version: federal_register_of_legislation:C2024C00795
Segment Type: section
Provision Reference: s 41A
Character Range: 47108–49401

41A  Inquiry into alleged breach of Code of Conduct by Agency Head or former Agency Head
 (1) The Commissioner may, for the purposes of paragraph 41(2)(m), inquire into and determine whether an Agency Head, or a former Agency Head, has breached the Code of Conduct.

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
 (2) The Commissioner must report on the results of an inquiry and determination under this section (including, if relevant, recommendations for sanctions) to:
 (a) if the Agency Head is, or the former Agency Head was, a Secretary—the Prime Minister; or
 (b) if the Agency Head is, or the former Agency Head was, the Head of an Executive Agency—the Agency Minister; or
 (c) if the Agency Head is, or the former Agency Head was, the Head of a Statutory Agency that is prescribed by the regulations for the purposes of this paragraph—the Presiding Officers; or
 (d) if the Agency Head is, or the former Agency Head was, the Head of a Statutory Agency that is not prescribed by the regulations for the purposes of paragraph (c)—the Agency Minister.
 (3) The regulations may prescribe circumstances in which the Commissioner:
 (a) may decline to conduct an inquiry under subsection (1); or
 (b) may discontinue such an inquiry without making a report under subsection (2).