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Last updated: June 2008
Frequently asked questions
As a complainant, what rights of review do I have if my agency decides that my whistleblowing report is vexatious and/or frivolous and is therefore not pursued or if I do not agree with the outcome of the investigation?
Regulation 2.4(2)(g) of the Public Service Regulations 1999 provides for whistleblowing procedures to enable an APS employee who has made a report, and who is not satisfied with the outcome of the investigation of the report, to refer the report to:
- the Public Service Commissioner, or a person authorised by the Commissioner; or
- the Merit Protection Commissioner, or a person authorised by the Merit Protection Commissioner.
When the Commissioners inquire into allegations made in whistleblowers' reports, their task is to determine whether a recommendation should be made to the Agency Head to commence action under the Agency Head's procedures for determining breaches of the APS Code of Conduct.
The Commissioners do not have the power to reach any determination about whether the alleged misconduct has actually occurred. There is no further right of review for the complainant beyond this point.
