Document ID: chunk:federal_register_of_legislation:F2015L00015:body:0:p2
Version: federal_register_of_legislation:F2015L00015
Segment Type: other
Provision Reference: 
Character Range: 2798–5221

(2) Subparagraph 3(a)(ii) and clause 4 do not apply in relation to a former employee.
3 Employee must be informed that a determination is being considered
  A determination may not be made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee unless reasonable steps have been taken to:
 (a) inform the employee of:
 (i) the details of the suspected breach (including any subsequent variation of those details); and
 (ii) the sanctions that may be imposed on the employee under subsection 15 (1) of the Act; and
 (b) give the employee a reasonable opportunity to make a statement in relation to the suspected breach.
4 Employee must be informed before a sanction is imposed
  If a determination is made that a Parliamentary Service employee has breached the Code of Conduct, a sanction may not be imposed unless reasonable steps have been taken to:
         (a)        inform the employee of:
 (i) the determination; and
 (ii) the sanction or sanctions that are under consideration; and
 (iii) the factors that are under consideration in determining any sanction to be imposed; and
         (b)       give the employee a reasonable opportunity to make a statement in relation to sanctions under consideration.
5 Person making determination to be independent and unbiased
  A Secretary must take reasonable steps to ensure that:
 (a) the person who determines whether a Parliamentary Service employee has breached the Code of Conduct is, and appears to be, independent and unbiased; and
 (b) the person who determines any sanction to be imposed is, and appears to be, independent and unbiased.
6 Determination process to be informal
  The process for determining whether a Parliamentary Service employee has breached the Code of Conduct must be carried out with as little formality and as much expedition as a proper consideration of the matter allows.
7 Record of determination and sanctions
  If a determination is made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, a written record must be made of:
 (a) the suspected breach; and
 (b) the determination; and
 (c) any sanctions imposed as a result of a determination that the employee breached the Code of Conduct; and
 (d) if a statement of reasons was given to the employee—the statement of reasons.
           Note:  The Archives Act 1983 applies to a record made under this clause.