Role, function and structure

Role

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

The Merit Protection Commissioner helps agencies meet the requirements of the APS Values and Code of Conduct through administering the statutory review of actions scheme and performing other statutory functions.

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Functions

The Merit Protection Commissioner’s functions are set out in section 50 of the Public Service Act and include:

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)
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 inquiries including, where relevant, recommendations for sanctions
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
such functions as are prescribed by regulations made for the purposes of section 33 (review of actions, including the review of certain promotion decisions)
such other functions as are prescribed by the regulations.

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

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

The Merit Protection Commissioner charges a fee for establishing Independent Selection Advisory Committees and for performing employment-related 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The Merit Protection Commissioner also has continuing functions under the repealed Merit Protection (Australian Government Employees) Act 1984 and the Public Service Act 1922. These functions consist of casework arising under regulations made under the Public Employment (Consequential and Transitional) Amendment Act 1999.

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Organisational structure

The Public Service Commissioner makes employees available to the Merit Protection Commissioner to undertake his casework through the six Australian Public Service Commission regional offices.

Each regional office maintains a register of appropriately trained and qualified people who are available, as required from time to time, for employment as non-ongoing employees. The Merit Protection Commissioner maintains a separate register of APS employees to perform the role of nominee to PRCs and ISACs.

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. The ACT office, with support from other offices as needed, provides employees for coordination and policy support for the Merit Protection Commissioner.

This report and further information about the Merit Protection Commissioner’s role and services are available on the Commission’s web site.

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