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

PARLIAMENTARY SERVICE ACT 1999 - SECT 15

Sanctions that may be imposed

  (1)   A Secretary may impose the following sanctions on a Parliamentary Service employee in the relevant Department who is found (under procedures established under subsection   ( 3) of this section or subsection   48A(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 a Parliamentary Service employee's employment.

  (2)   The determinations may prescribe limitations on the power of a Secretary to impose sanctions under subsection   ( 1).

Providing false or misleading information etc. in connection with engagement as a Parliamentary Service employee

  (2A)   A person who is, or was, a Parliamentary Service 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   48A(2)) to have, before being engaged as a Parliamentary Service employee:

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

  (b)   wilfully failed to disclose to another Parliamentary Service 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 a Parliamentary Service employee.

Note:   If the person is a Parliamentary Service employee at the time a finding referred to in paragraph   ( 2A)(a), (b) or (c) is made in relation to the person, the Secretary of the Department in which the person is employed may impose sanctions on the person as permitted by subsection   ( 1).

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

  (3)   A Secretary must establish written procedures in accordance with this section for determining:

  (a)   whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the relevant Department 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 a Parliamentary Service employee in the relevant Department 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 directions issued by the Commissioner under subsection   ( 6); 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 Parliamentary Service employees or former Parliamentary Service employees; or

  (b)   Parliamentary Service employees, or former Parliamentary Service 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, by legislative instrument, issue directions for the purposes of paragraph   ( 4)(a).

  (7)   A Secretary must ensure that the procedures established under subsection   ( 3) are made publicly available.

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