PUBLIC SERVICE ACT 1999 - SECT 15 Breaches of the Code of Conduct

PUBLIC SERVICE ACT 1999 - SECT 15

Sanctions that may be imposed

  (1)   An Agency Head may impose the following sanctions on an APS employee in the Agency who is found (under procedures established under subsection   ( 3) of this section or subsection   41B(3) or 50A(2) ) to have breached the Code of Conduct:

  (a)   termination of employment;

  (b)   reduction in classification;

  (c)   re - assignment of duties;

  (d)   reduction in salary;

  (e)   deductions from salary, by way of fine;

  (f)   a reprimand.

Note:   See sections   29 and 38 in relation to terminating an APS employee's employment.

  (2)   The regulations may prescribe limitations on the power of an Agency Head to impose sanctions under subsection   ( 1).

Providing false or misleading information etc. in connection with engagement as an APS employee

  (2A)   A person who is, or was, an APS employee is taken to have breached the Code of Conduct if the person is found (under procedures established under subsection   ( 3) of this section or subsection   41B(3) or 50A(2)) to have, before being engaged as an APS employee:

  (a)   knowingly provided false or misleading information to another APS employee, or to a person acting on behalf of the Commonwealth; or

  (b)   wilfully failed to disclose to another APS employee, or to a person acting on behalf of the Commonwealth, information that the person knew, or ought reasonably to have known, was relevant; or

  (c)   otherwise failed to behave honestly and with integrity;

in connection with the person's engagement as an APS employee.

Note:   If the person is an APS employee at the time a finding referred to in paragraph   ( 2A)(a), (b) or (c) is made in relation to the person, the Agency Head of the employee's Agency may impose sanctions on the person as permitted by subsection   ( 1).

Procedures for determining whether APS employee, or former APS employee, has breached the Code of Conduct etc.

  (3)   An Agency Head must establish written procedures in accordance with this section for determining:

  (a)   whether an APS employee, or a former APS employee, in the Agency has breached the Code of Conduct (including by engaging in conduct referred to in subsection   ( 2A)); and

  (b)   the sanction (if any) that is to be imposed under subsection   ( 1) on an APS employee in the Agency who is found to have breached the Code of Conduct (including by engaging in conduct referred to in subsection   ( 2A)).

  (4)   The procedures:

  (a)   must comply with basic procedural requirements set out in Commissioner's Directions; and

  (b)   must have due regard to procedural fairness.

  (5)   In addition, and without affecting subsection   ( 4), the procedures may be different for:

  (a)   different categories of APS employees or former APS employees; or

  (b)   APS employees, or former APS employees, who:

  (i)   have been convicted of an offence against a Commonwealth, State or Territory law in respect of conduct that is alleged to constitute a breach of the Code of Conduct; or

  (ii)   have been found to have committed such an offence but no conviction is recorded.

  (6)   The Commissioner must issue directions in writing for the purposes of paragraph   ( 4)(a).

Note:   See section   42 for general provisions relating to Commissioner's Directions.

  (7)   An Agency Head must ensure that the procedures established under subsection   ( 3) are made publicly available.

  (8)   Procedures established under subsection   ( 3) are not legislative instruments.