Investigations into breaches of the Code of Conduct

On request from an APS or Parliamentary Service agency or department, we can investigate an alleged breach of the APS or Parliamentary Service Code of Conduct by an employee or former employee.

Published

27 August 2021

What can we investigate?

This is set out in s 50A of the Public Service Act, and s 48A of the Parliamentary Service Act.

We conduct investigations into whether or not an APS or Parliamentary Service employee, or former employee, has breached the Code of Conduct.

We do so at the request of an agency or department, and if the employee, or former employee, agrees.

We usually enter into a voluntary MOU with the agency or department, to cover our costs of conducting the investigation.

We also have a function to inquire into conduct complaints about the APS Commissioner and Parliamentary Service Commissioner, as set out in s 50(1)(b) of the Public Service Act, and s 48(1)(b) of the Parliamentary Service Act.

Why use our services?

We have expert knowledge of the public sector employment framework and the conduct of procedurally fair administrative inquiries. Our experienced investigators and decision makers ensure investigations and decisions are robust, fair and credible. We assist agencies in managing sensitive or complex cases in which the involvement of an independent statutory officer adds credibility to the process and its outcome.

How do we investigate?

What happens	How it happens
An agency or department lodges a request	An agency or department emails us at info@mpc.gov.au to request that we conduct a misconduct investigation relating to one of their employees or former employees.
We assess the request	We discuss the scope of the investigation, the likely timeframe, and whether we have current availability to conduct the investigation. We also develop an MOU to cover the agreed terms of the undertaking, including covering our costs associated with the investigation.
We accept the request	If we accept the request, we inform the employee of the upcoming investigation, and we obtain their agreement. This step is important, as the employee will not have a later review right to the Merit Protection Commissioner if we conduct the investigation.
We conduct the investigation	An employee of the Merit Protection Commissioner conducts the investigation. We use best practice investigation methods, and our practices are in line with those set out in the APSC publication Handling Misconduct: A human resource practitioner's guide. We ensure procedural fairness is an integral part of our investigation. We publish procedures which set out the minimum standards for our investigations relevant to APS employees and Parliamentary Service employees.
We finalise the investigation, and make a decision	If, during the course of the investigation, we consider there is insufficient evidence to determine a finding, we will discontinue the investigation. We may also discontinue an investigation if we consider that other management action may be a more appropriate and effective way of responding to the issues. If we do conduct an investigation, we will make a decision whether or not the employee, or former employee, has breached the Code of Conduct. This includes a decision about whether or not the alleged conduct occurred, and if so, whether or not the conduct met the required standard in the Code of Conduct. We advise both the employee and the agency of the outcome of the investigation and our decision. If a finding of misconduct is made, the agency may then decide to impose a sanction. This will be a separate process conducted by the agency, and not by the Merit Protection Commissioner. As such, the employee can seek Merit Protection Commissioner review of any sanction decision.

How do I request a service?

Legislation

You can read more about our legislative framework.