Role, functions and structure

Role

The office of the Merit Protection Commissioner, established under section 49 of the PS Act, is an independent office located with the APS Commission.

The Merit Protection Commissioner assists agencies to meet the requirements of the APS Values and the APS Code of Conduct through the administration of the statutory review of actions scheme and the performance of other statutory functions.

Functions

The Merit Protection Commissioner’s functions under the PS Act 1999 are set out in section 50 and include:

1. inquiring into reports alleging breaches of the APS Code of Conduct made to the Merit Protection Commissioner, or to a person authorised by the Merit Protection Commissioner (whistleblowing reports)
2. inquiring into alleged breaches of the Code of Conduct by the Public Service Commissioner and reporting to the Presiding Officers on the results of such enquiries including, where relevant, recommendations for sanctions
3. inquiring into an APS action at the request of the Public Service Minister and to report to the Public Service Minister on the results of the inquiry
4. such functions as are prescribed by regulations made for the purposes of section 33 (review of actions, including the review of certain promotion decisions)
5. such other functions as are prescribed by the regulations.

So far as subsection 50(1)(e) is concerned, the PS Regulations enable the Merit Protection Commissioner:

1. to establish Independent Selection Advisory Committees for the purposes of making recommendations to an Agency Head about the suitability of candidates for engagement, promotion or assignment to duties included in APS Classification Groups 1-6
2. to perform employment-related functions where the Merit Protection Commissioner is not required by a law of the Commonwealth to perform the function
3. to review an action of a statutory office holder who is not an Agency Head that affects an APS employee in their employment
4. to investigate complaints by former APS employees concerning separation entitlements.

A fee is charged for the establishment of Independent Selection Advisory Committees and for the performance of employmentrelated functions.

The Merit Protection Commissioner also has continuing functions under the repealed Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922. This consists of casework arising under regulations made under the Public Employment (Consequential and Transitional) Amendment Act 1999.

Organisational structure

Jeff Lamond, Acting Merit Protection Commissioner with a member of the Samoan delegation

The Merit Protection Commissioner’s casework is undertaken through the six regional offices of the APS Commission by APS Commission employees who are made available by the Public Service Commissioner.

Each regional office also maintains a register of appropriately trained and qualified persons who are available, as required from time to time, for employment as nonongoing employees. The Merit Protection Commissioner maintains a separate register of APS employees to perform the role of nominees to Promotion Review Committees and Independent Selection Advisory Committees.

Applications for review are generally lodged and dealt with in the office of the State or Territory in which the applicant resides. The Victorian office also deals with casework arising in Tasmania, and the South Australian office also deals with casework arising in the Northern Territory. Coordination and policy support for the Merit Protection Commissioner is provided by employees of the ACT office.

This report and further information about the Merit Protection Commissioner’s role and services are available on the APS Commission website at www.apsc.gov.au.

Corporate governance

Mr Jeff Lamond has acted as Merit Protection Commissioner during the period covered by this Report.

The Public Service Commissioner, as the head of the APS Commission, is responsible for its corporate governance practices. The Merit Protection Commissioner is a member of the APS Commission Executive, a senior management group chaired by the Public Service Commissioner.

The Commission employees who assist the Merit Protection Commissioner are made available by the Public Service Commissioner under section 49(2) of the PS Act 1999. These employees are accountable to the Merit Protection Commissioner for the performance of functions authorised by him.

The Merit Protection Commissioner and the Public Service Commissioner have in place a Memorandum of Understanding for the provision of staff necessary to assist the Merit Protection Commissioner in the performance of his functions.

The Group Manager of Regional Services (North/East), covering regional offices in Canberra, Sydney and Brisbane, and the Group Manager of Regional Services (South/West), covering regional offices in Melbourne (which also deals with cases from Tasmania), Adelaide, (which also deals with cases from the Northern Territory), and Perth, are delegates of the Merit ProtectionCommissioner in review matters.