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Appendix B: The Parliamentary Service Merit Protection Commissioner's Statutory Functions

    Function of the Parliamentary Service MPC Statutory authority – Parliamentary Service
    Review of Actions scheme – promotion and engagement (includes review of promotion and engagement decisions of certain Parliamentary Service employees) Parliamentary Service Act 1999
    Sections 33, 48(1)(d) and 48(1)(d) Parliamentary Service Determination Part 9 Division 1 clauses 71, 72, 73 and 76 Division 2 clauses 77 to 93
    Review of Actions scheme – other employment related actions (workplace decisions) (includes Code of Conduct, primary reviews of other matters and secondary reviews) Parliamentary Service Act 1999
    Sections 33 and 48(1)(d) Parliamentary Service Determination Part 9 Division 1 clauses 71 to 72, and 74 to 75 Division 3 clauses 94 to 108 Schedule 3 lists actions that are not reviewable
    review of a department’s determination that a former employee breached the Code of Conduct for behaviour engaged in while an employee Parliamentary Service Act 1999
    (Parliamentary Service Determination 2013, Clause 112B)
    Sections 33 and 48(1)(e) Parliamentary Service Determination Part 11 Division 3 Clause 115 Division 4 clauses 116 to 123 (review procedures)
    review of the actions of a statutory office holder who is not a department head that relate to an employee’s Parliamentary Service employment Parliamentary Service Act 1999
    Sections 33 and 48(1)(e)
    Parliamentary Service Determination Part 11 Division 1 Clause 113 Division 5 clauses 124(1) to (6)
    inquiry into a public interest disclosure alleging a breach of the Code of Conduct Parliamentary Service Act 1999
    Sections 48(1)(a) and 48(2)
    Parliamentary Service Determination Part 11 Division 1 Clause 113
    inquiry into an alleged breach of the Code of Conduct by the Parliamentary Service Commissioner Parliamentary Service Act 1999
    Section 48(1)(b)
    inquiry into a Parliamentary Service action at the request of the Presiding Officers of the Australian Parliament Parliamentary Service Act 1999
    Sections 48(1)(c), 48(2) and 48(4)
    inquiry into whether a current or former Parliamentary Service employee has breached the Code of Conduct Parliamentary Service Act 1999
    Sections 48(1)(ca) and 48A
    Parliamentary Service Determination Part 11 Division 2 Clause 114
    investigate a complaint from a former employee about entitlements Parliamentary Service Act 1999
    Subsection 48(1)(e)
    Parliamentary Service Determination Part 11 Division 1 clauses 113(2) and 115
    operate the ISAC Parliamentary Service Determination Part 8 Clauses 59 to 70