Document ID: chunk:federal_register_of_legislation:C2019C00092:section:48
Version: federal_register_of_legislation:C2019C00092
Segment Type: section
Provision Reference: s 48
Character Range: 69580–71747

48  Merit Protection Commissioner's functions
 (1) The Merit Protection Commissioner's functions include the following functions:
 (a) to inquire, subject to the determinations, into public interest disclosures (within the meaning of the Public Interest Disclosure Act 2013), to the extent that the disclosures relate to alleged breaches of the Code of Conduct;
 (b) to inquire into alleged breaches of the Code of Conduct by the Commissioner and report to the Presiding Officers on the results of such inquiries (including, where relevant, recommendations for sanctions);
 (c) to inquire into a Parliamentary Service action, at the request of the Presiding Officers, and to report to the Presiding Officers on the results of the inquiry;
 (ca) to inquire into and determine, in accordance with section 48A, whether a Parliamentary Service employee, or a former Parliamentary Service employee, has breached the Code of Conduct;
 (d) such functions as are prescribed by determinations made for the purposes of section 33;
 (e) such other functions as are prescribed by the determinations.
 (2) The following provisions apply in relation to an inquiry under paragraph (1)(a) or (1)(c) (with references to the Auditor‑General being replaced by references to the Merit Protection Commissioner):
 (a) sections 32, 33 and 35 of the Auditor‑General Act 1997;
 (b) any other provisions of the Auditor‑General Act 1997, or of regulations under that Act, that are relevant to the operation of section 32, 33 or 35 of that Act.
 (3) The determinations may authorise the Merit Protection Commissioner to charge fees (on behalf of the Commonwealth) for the performance of functions prescribed under paragraph (1)(e).
 (3A) The Merit Protection Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Merit Protection Commissioner's functions.
 (4) In this section:
action includes a refusal or failure to act.
Parliamentary Service action means an action in relation to the employment of a Parliamentary Service employee, being an action by another Parliamentary Service employee, by a Secretary or by the Parliamentary Librarian.