Document ID: chunk:federal_register_of_legislation:C2024C00724:section:24cj
Version: federal_register_of_legislation:C2024C00724
Segment Type: section
Provision Reference: s 24CJ
Character Range: 72685–74328

24CJ  Decision not to investigate—referral to Agency Head etc.
 (1) This section applies if the investigating Commissioner:
 (a) decides not to investigate a conduct issue, or not to investigate a conduct issue further; and
 (b) does so because, at the time of the conduct concerned, the respondent was:
 (i) an APS employee who is not a MOPS employee; or
 (ii) a Parliamentary Service employee; or
 (iii) an Agency Head; or
 (iv) the Secretary of a Parliamentary Department; or
 (v) the Parliamentary Librarian; or
 (vi) an AFP appointee.
 (2) The investigating Commissioner must, as soon as reasonably practicable, take reasonable steps to refer the conduct issue to be dealt with by:
 (a) if the respondent is an APS employee of an Agency (within the meaning of the Public Service Act 1999)—the Agency Head of that Agency; or
 (b) if the respondent is a Parliamentary Service employee of a Parliamentary Department—the Secretary of that Department; or
 (c) if the respondent is an Agency Head—the Australian Public Service Commissioner; or
 (d) if the respondent is the Secretary of a Parliamentary Department—each Presiding Officer; or
 (e) if the respondent is the Parliamentary Librarian—the Secretary of the Department of Parliamentary Services; or
 (f) if the respondent is an AFP appointee—the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979).
 (3) However, if the conduct issue arose from a conduct complaint or a conduct issue referral for which there is a complainant, the investigating Commissioner must not refer the issue under this section unless the complainant consents to the referral.