Parliamentary Service Merit Protection Commissioner's review of 2004—05

Introduction

One of the Parliamentary Service Values is that 'the Parliamentary Service provides a fair system of review of decisions taken in respect of Parliamentary Service employees'. Along with the other Values and the Code of Conduct set out in the Parliamentary Service Act 1999, that Value provides the context for the performance of the functions of the Parliamentary Service Merit Protection Commissioner.

Those functions include the review of certain actions affecting Parliamentary Service employees in their employment. including the review of promotion decisions, and inquiries into Parliamentary Service actions, including certain breaches of the Parliamentary Service Code of Conduct.

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Outlook for 2005-06

It is expected that in 2005—06 the activities of the Parliamentary Service Merit Protection Commissioner will be similar to those undertaken in 2004—05.

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Overview

Role

The Parliamentary Service Merit Protection Commissioner is an independent statutory office established by section 47 of the Parliamentary Service Act 1999. Under the Act, the Parliamentary Service Merit Protection Commissioner fulfils an ombudsman-like role for employment-related complaints, with powers to make recommendations and reports to the Departmental Secretaries and the Presiding Officers.

Functions

The Parliamentary Service Merit Protection Commissioner's functions under the Act are set out in section 48(1) and include:

to inquire into reports by employees alleging breaches of the Code of Conduct made to the Parliamentary Service Merit Protection Commissioner, or to a person authorised by the Parliamentary Service Merit Protection Commissioner (whistleblowing reports);
to inquire into alleged breaches of the Code of Conduct by the Parliamentary Service Commissioner and report to the Presiding Officers on the results of such inquiries including. where relevant, recommendations for sanctions;
to inquire into a Parliamentary Service action at the request of the Presiding Officers and to report to the Presiding Officers on the results of the inquiry;
such functions as are prescribed by determinations made for the purposes of section 33 (review of actions, including the review of certain promotion decisions): and
such other functions as are prescribed by the determinations.

The review system, established under section 33 of the Act by the Parliamentary Service Determinations made under that Act. applies to certain actions by Departmental Secretaries or Parliamentary Service employees that relate to Parliamentary Service employment. The system allows for external review of employment-related actions by the Parliamentary Service Merit Protection Commissioner or, in relation to promotion decisions, by a Promotion Review Committee established by the Parliamentary Service Merit Protection Commissioner.

Implementation of the review framework Parliamentary Service employees have access to the Act and Determinations describing the functions of the Parliamentary Service Merit Protection Commissioner on the Parliament House website.

Organisation structure

The Parliamentary Service Merit Protection Commissioner's casework is primarily undertaken through the Canberra office of the Australian Public Service Commission (the Commission). If the need arises, staff in other offices of the Commission may also be involved in particular cases.

Readers with enquiries about the Parliamentary Service Merit Protection Commissioner's Annual Report should contact:

Office of the Parliamentary Service Merit Protection Commissioner
Australian Public Service Commission
Edmund Barton Building
BARTON ACT 2600
Tel: 02 6272 3510 or 02 6272 3421
Fax: 02 6272 3026
Email: patrick.palmer@apsc.gov.au or karen.labrum©apsc.gov.au

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Review of performance

Casework under the Act

Applications for review of promotion decisions

During the reporting period, the Parliamentary Service Merit Protection Commissioner did not receive any applications for review of a promotion decision, although one application was on hand at the start of the financial year. The review was determined by a Promotion Review Committee, with the original decision being upheld under clause 7.2.14 of Parliamentary Service Determination 2003/2.

Applications for reviews of actions

Two applications for reviews of actions were received by the Parliamentary Service Merit Protection Commissioner during the reporting period. The first was an application under clause 7.4.1(2) of Parliamentary Service Determination 2003/2 for primary review of a determination that the applicant had breached the Code of Conduct and of the sanction imposed for the breach. The application for review was subsequently withdrawn.

The second application was referred to the Parliamentary Service Merit Protection Commissioner under clause 7.4.2 of Parliamentary Service Determination 2003/2, which provides that a Secretary may, with the Parliamentary Service Merit Protection Commissioner's agreement, refer an application for review to the Parliamentary Service Merit Protection Commissioner. The application concerned comments made by the employee's supervisor to an external party from an APS agency in relation to the employee's application for a role in that agency. A facilitated discussion between the applicant and their supervisor was arranged in an attempt to resolve the applicant's concerns. The application for review was later withdrawn as the applicant came to the view that the process would not result in the outcome sought.

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Management accountability

Mr Jeff Lamond occupied the office of Parliamentary Service Merit Protection Commissioner for the period of this report.

The Parliamentary Service Merit Protection Commissioner, in the performance of his functions, has available to him the services of staff made available by the Public Service Commissioner to the Public Service Merit Protection Commissioner under section 49(2) of the Public Service Act 1999. In this role, when work is undertaken, they are accountable to the Parliamentary Service Merit Protection Commissioner for the performance of functions authorised by him.

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