Document ID: chunk:federal_register_of_legislation:C2013A00002:clause:4_12
Version: federal_register_of_legislation:C2013A00002
Segment Type: clause
Provision Reference: sch 4 cl 12
Character Range: 76219–77721

12  Matters under consideration by Commissioner at commencement time—matters referred by Public Service Minister
(1) This item applies if, before the commencement time, the Commissioner had begun to consider a matter relating to the APS referred to the Commissioner by the Public Service Minister under paragraph 41(1)(d) of the old Public Service Act, but had not reported to the Public Service Minister on the matter.
(2) If the matter had been referred to the Commissioner under paragraph 41(1)(d) of the old Public Service Act, other than by notice in the Gazette, the Commissioner must consider the matter and report to the Public Service Minister as if the matter had been referred to the Commissioner under paragraph 41(2)(k) of the new Public Service Act, other than by notice in the Gazette.
(3) If the matter had been referred to the Commissioner under paragraph 41(1)(d) of the old Public Service Act by notice in the Gazette, the Commissioner must consider the matter and report to the Public Service Minister as if the matter had been referred to the Commissioner under paragraph 41(2)(k) of the new Public Service Act by notice in the Gazette.
Note: An inquiry on the matter is a special inquiry for the purpose of section 43 of the new Public Service Act.
(4) For the purpose of considering the matter and reporting to the Public Service Minister after the commencement time, the Commissioner may use any information obtained for the purpose of considering the matter before that time.