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Public Service Amendment Bill 2012

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7299

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Public Service Amendment Bill 2012

 

 

( 1 )     Schedule 1 , item 52 , page 28 (before line 15) , before subsection 16 ( 2 ), insert:

          (1A)  If:

                     (a)  an APS employee reports a breach (or alleged breach) of the Code of Conduct; and

                     (b)  as a result of reporting the breach (or alleged breach), the APS employee is victimised, or discriminated against, by a person performing functions in or for an Agency;

the APS employee is entitled to be paid reasonable compensation by the Commonwealth.

Note:          Payments under this subsection must be made from money appropriated by the Parliament . Generally, a payment can be debited against an Agency’s annual appropriation, providing that it relates to some matter that has arisen in the course of its administration.

[protection for whistleblowers]

( 2 )     Schedule 1 , item 52 , page 28 (line 16) , omit “ establish ”, substitute “ regularly publish ”.

[publication of procedure]

( 3 )     Schedule 1 , item 52 , page 28 (line 17) , after “ employee ”, insert “ , or a former APS employee, ”.

[former APS employees]

( 4 )     Schedule 1 , item 52 , page 28 (lines 25 to 27) , omit subsection 16 ( 3 ), substitute:

             (3)  Procedures published under subsection (2) must:

                     (a)  comply with basic procedural requirements (if any) prescribed by the regulations; and

                     (b)  provide for an APS employee, or former APS employee, who makes a whistleblower report to be involved in, and receive regular updates about, any inquiry into the report.

[procedure for dealing with report]

( 5 )     Schedule 1 , item 52 , page 29 (line 1) , omit “ established ”, substitute “ published ”.

[publication of procedure]

( 6 )     Schedule 1 , item 52 , page 29 (line 6) , after “ employee ”, insert “ , or a former APS employee, ”.

[former APS employees]

( 7 )     Schedule 1 , item 52 , page 29 (after line 21) , after subsection 16 ( 6 ), insert:

Protection from criminal and civil proceedings

             (7)  No action or proceeding, whether criminal or civil, lies against an APS employee for or in relation to a whistleblower report made by the APS employee in accordance with this section (including regulations made for the purposes of this section).

[protection from criminal and civil proceedings]