Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An Agency Head must establish procedures for dealing with a report made by an APS employee under section 16 of the Act.
Note Section 16 deals with reports of breaches (or alleged breaches) of the Code of Conduct.
(2) The procedures must:
(a) have due regard to procedural fairness and comply with the Privacy Act 1988 ; and
(b) provide that an APS employee in the Agency may report breaches (or alleged breaches) of the Code of Conduct to the Agency Head, or a person authorised by the Agency Head; and
(c) provide that if the Commissioner or the Merit Protection Commissioner agrees that a report relates to an issue that would be inappropriate to report to the Agency Head, the APS employee may make the report to:
(i) the Commissioner, or a person authorised by the Commissioner; or
(ii) the Merit Protection Commissioner, or a person authorised by the Merit Protection Commissioner; and
(d) ensure that if a report is made to the Agency Head, the Agency Head will, unless he or she considers the report to be frivolous or vexatious:
(i) investigate it; or
(ii) authorise another person to investigate it; and
(e) ensure that if a report is made to a person authorised by the Agency Head, the person will investigate the report, unless the person considers it to be frivolous or vexatious; and
(f) provide information about the protection available under section 16 of the Act to persons making reports; and
(g) 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:
(i) the Commissioner, or a person authorised by the Commissioner; or
(ii) the Merit Protection Commissioner, or a person authorised by the Merit Protection Commissioner; and
(h) ensure that the findings of an investigation are dealt with as soon as practicable.