Our legislative framework
Our activities are governed by the Public Service Act 1999 and Parliamentary Service Act 1999 and supported by regulations, determinations and directions.
Table of statutory functions
This table sets out the statutory authority for each of the Merit Protection Commissioner's functions.
For the Australian Public Service the relevant legislation is the Public Service Act 1999 and the Public Service Regulations 2023 (For applications received prior to 30 March 2023 see Public Service Regulations 1999).
For the Parliamentary Service the relevant legislation is the Parliamentary Service Act 1999 and the and the Parliamentary Service Determination 2013.
Feel free to contact us with any questions about our functions or the legislative framework.
| Merit Protection Commissioner functions | Public Service Act | Public Service Regulations 2023 | Parliamentary Service Act | Parliamentary Service Determination |
|---|---|---|---|---|
| Review of workplace actions and decisions | s 33, 50(1)(d) and 50(4) | Part 4
| s 33, 48(1)(d) and 48(4) | Part 9 Divisions 1 and 3 Schedule 3 |
| Review of promotion decisions | s 33, 50(1)(d) and 50(4) | Part 4 Division 1 and 2 | s 33, 48(1)(d) and 48(4) | Part 9 Divisions 1 and 2 |
| Review of workplace actions and decisions for former employees | s 33, 50(1)(d) and 50(1)(e) | Part 6 Division 2 Subdivision D | s 33 and 48(1)(e) | Part 11 Division 4 |
| Review of workplace actions and decisions of statutory office holders | s 33 and s 50(1)(d) | Part 6 Division 2 Subdivision E | s 33, 48(1)(d) and 48(4) | Part 11 Divisions 1 and 5 |
| Inquiries about Public Interest Disclosures that relate to alleged breaches of the Code of Conduct | s 50(1)(a) | Part 6 Division 1 | s 48(1)(a) and 48(2) | Part 11 |
| Complaints about final entitlements | s 33 and 50(1)(e) | Part 6 Division 2 Subdivision C | s 48(1)(e) | Part 11 Division 1 |
| Conducting Independent Selection Advisory Committees | Part 6 Division 2 Subdivision B | Part 8 | ||
| Employment-related services for non-APS employers, businesses and entities | s 50(1)(e) and 50(3) | Part 6 Division 2 Subdivision F | ||
| Investigations into alleged breaches of the Code of Conduct by employees | s 50(1)(ca) and 50A | Part 6 Division 3 | s 48(1)(ca) and 48A | Part 11 Division 2 |
| Investigations into alleged breaches of the Code of Conduct by the APS Commissioner and Parliamentary Service Commissioner | s 50(1)(b) | s 48(1)(b) | ||
| Inquiries into public service actions | s 50(1)(c) and 50(2) | s 48(1)(c) and 48(2) |
Australian Federal Police employees
Section 33 of the Australian Federal Police Act 1979 and s 53 of the Australian Federal Police Regulations 2018 provide an entitlement for Australian Federal Police employees to seek review by the Merit Protection Commissioner of a decision of the Australian Federal Police Commissioner to retire them on invalidity grounds, if they do not consent to being retired.