Document ID: chunk:federal_register_of_legislation:C2013A00002:clause:1_52
Version: federal_register_of_legislation:C2013A00002
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 37080–38841

52  At the end of section 16
Add:

Whistleblower reports made to Agency Heads etc.
 (2) An Agency Head must establish procedures for:
 (a) an APS employee to make a report (a whistleblower report) of a breach (or an alleged breach) of the Code of Conduct to the Agency Head or to a person authorised for the purposes of this section by the Agency Head; and
 (b) an Agency Head to deal with a whistleblower report made to the Agency Head or to a person authorised for the purposes of this section by the Agency Head.
Note: The procedures may be in a single document.
 (3) Procedures established under subsection (2) must comply with basic procedural requirements (if any) prescribed by the regulations.
 (4) Procedures established under subsection (2) are not legislative instruments.

Whistleblower reports made to the Commissioner or Merit Protection Commissioner etc.
 (5) The regulations may prescribe either or both of the following:
 (a) procedures for an APS employee to make a report (also a whistleblower report) of a breach (or an alleged breach) of the Code of Conduct to the Commissioner or the Merit Protection Commissioner or to a person authorised for the purposes of this section by the Commissioner or the Merit Protection Commissioner;
 (b) basic procedural requirements that the Commissioner and the Merit Protection Commissioner must comply with in dealing with a whistleblower report.

Circumstances for declining to inquire, or discontinuing an inquiry, into a whistleblower report
 (6) The regulations may prescribe circumstances in which the Commissioner, the Merit Protection Commissioner or an Agency Head may:
 (a) decline to conduct an inquiry into a whistleblower report; or
 (b) discontinue an inquiry into a whistleblower report.