Review of performance
Casework under the Act
Applications for reviews of actions including promotion review
There were no applications for review received by the Merit Protection Commissioner in 2012–13.
Applications for Independent Selection Advisory Committees
An ISAC is a three-member committee that makes recommendations to an agency head about the suitability of candidates for employment opportunities at the Parliamentary Service 1–6 levels.
In 2012–13, the Merit Protection Commissioner received one application for an ISAC from the Department of Parliamentary Services. The ISAC was finalised in July 2013.
Whistleblowing
One whistleblower report was received by the Merit Protection Commissioner in 2012–13. This report and two other reports from the same employee carried over from 2011–12 were finalised in December 2012. The Merit Protection Commissioner's inquiries found that the allegations were either misconceived or lacking in substance. The Commissioner, therefore, found no basis for recommending to the Secretary of the Department of Parliamentary Services that an investigation of the employee's allegations be started under the department's procedures for determining a breach of the Code of Conduct.
Parliamentary Inquiry into the performance of the Department of Parliamentary Services and other matters
The Senate Standing Committee on Finance and Public Administration (References Committee) tabled its final report into the performance of the Department of Parliamentary Services (the Department) in November 2012. The Department consulted the Merit Protection Commissioner about the implementation of recommendations, particularly recommendation nine which concerned the establishment of ISACs for recruitment processes. Ms Godwin discussed with Ms Carol Mills, the Secretary of the Department, the role and functions of the Merit Protection Commissioner and ways to promote merit-based recruitment. Following these discussions, as indicated above, the Merit Protection Commissioner developed a memorandum of understanding with the Department for the establishment of an ISAC to undertake staff selection in the Department.
Discussions were also held between staff supporting the Merit Protection Commissioner and the Parliamentary Service Liaison Officer through the year about the policy framework supporting the functions of the Merit Protection Commissioner.
Work was finalised on amendments to the Parliamentary Service Act 1999 to extend the delegation arrangements for the Merit Protection Commissioner and to ensure consistency with amendments to the Merit Protection Commissioner's functions and the review of actions provisions in Public Service Act 1999. Further work was undertaken on changes to Parliamentary Service determinations to ensure consistency with the functions of the Australian Public Service Merit Protection Commissioner where this was appropriate.
Discussions were also held between the Parliamentary Service Liaison Officer and staff of the Merit Protection Commissioner and the Department of the Prime Minister and Cabinet on the effects of the Public Interest Disclosure Bill on the operation of the whistleblower framework. The Public Interest Disclosure Act 2013 was passed on 26 June 2013.