Commonwealth Consolidated Regulations

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PUBLIC SERVICE REGULATIONS 1999 - REG 6.4

Basic requirements for procedures for determining alleged breach of Code of Conduct by an APS employee or a former APS employee

             (1)  For paragraph 41B(3)(a) of the Act, this regulation prescribes basic requirements that the Australian Public Service Commissioner's written procedures must comply with.

             (2)  The procedures must require the Australian Public Service Commissioner not to make a determination in relation to an alleged breach of the Code of Conduct by an APS employee or a former APS employee unless:

                     (a)  the Australian Public Service Commissioner has taken reasonable steps to tell the APS employee or the former APS employee the details of the suspected breach (including any variation of those details); and

                     (b)  the Australian Public Service Commissioner has taken reasonable steps to tell the employee of the sanctions that may be imposed on the employee under subsection 15(1) of the Act; and

                     (c)  the APS employee or the former APS employee has been given a reasonable opportunity to make a statement in relation to the alleged breach.

             (3)  The procedures must require that the process for determining whether an APS employee or a former APS employee has breached the Code of Conduct be carried out as quickly and with as little formality as a proper consideration of the matter allows.

             (4)  The procedures must require that reasonable steps be taken to ensure that any person authorised under the Australian Public Service Commissioner's written procedures to determine whether an APS employee or a former APS employee has breached the Code of Conduct is, and appears to be, independent and unbiased.

             (5)  The procedures must require that a written record be prepared stating whether it has been determined that the APS employee or the former APS employee has breached the Code of Conduct.



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