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Wednesday, 23 November 2011
Page: 9450

Climate Change and Energy Efficiency: Code of Conduct Investigations

(Question No. 1064)


Senator Abetz asked the Minister representing the Minister for Climate Change and Energy Efficiency, upon notice, on 29 August 2011:

(1) How many Code of Conduct investigations have there been within the Ministers portfolio for the financial years: (a) 2010-11; and (b) 2011-to date.

(2) How many investigations established: (a) a breach; or (b) no breach, of the Code of Conduct.

(3) In each case, what provisions of the Code of Conduct were thought to have been breached.

(4) What penalties were applied where the Code of Conduct was broken.

(5) How many investigations are ongoing.


Senator Wong: The Minister for Climate Change and Energy Efficiency has provided the following answer to the honourable senator's question:

(1) There were five Code of Conduct investigations commenced in the 2010-11 financial year within the Minister's portfolio. No Code of Conduct investigations have been commenced in the 2011-12 financial year.

(2) Three Code of Conduct investigations established breaches of the APS Code of Conduct. Two Code of Conduct investigations were discontinued due to employee resignation.

(3) The cases involved suspected breaches of various provisions of the APS Code of Conduct, as follows:

Case One involved suspected breaches of subsections 13(1), (2), (3), (4), (7), (11) of the Public Service Act 1999 (the Act).

Case Two involved suspected breaches of subsections 13(5), (8), (11) of the Act.

Case Three involved suspected breaches of subsections 13(1), (2), (11), (13) of the Act.

Case Four involved suspected breaches of subsections 13(1), (2), (11) of the Act.

Case Five involved suspected breaches of subsections 13(1), (2), (5), (7), (8), (9), (11), (13) of the Act.

(4) The sanctions applied, when a breach of the APS Code of Conduct was determined, varied due to the individual circumstances of each case. The sanctions applied were as follows:

Case One:

a reassignment of duties;

a deduction from salary, by way of a fine; and

a reprimand.

Case Two:

a reduction in salary; and

a reprimand.

Case Three:

a reassignment of duties:

a deduction from salary, by way of a fine; and

a reprimand.

(5) No investigation is ongoing.