Inquiries into breaches of the Code of Conduct
Section 50A of the PS Act provides that the Merit Protection Commissioner may inquire into and determine whether an APS employee or former employee has breached the Code of Conduct. The request is made by the agency head and must have the written agreement of the APS employee or former employee.
No requests were received during the reporting period.
Under regulation 5.24(2) an APS employee may seek review of an agency determination of a breach of the Code of Conduct, a sanction imposed as a result of a determination of a breach of the Code or a review of both the determination of a breach and the sanction imposed.
Table 3.4 of the State of the Service Report 2012–13reported 385 employees were found to have breached the Code of Conduct in 2012–13. In 2012–13, the Merit Protection Commissioner reviewed 33 applications from employees relating to breaches of the Code of Conduct. While the two sets of data do not include the same employees, a comparison provides an estimate that nearly 9% of agency decisions were reviewed.