Merit Protection Commissioner

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If you’re an APS or Parliamentary Service employee, and have been through a performance process that you think is wrong, unfair, or unreasonable...

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…you have the right to review performance management decisions that affect you- by the Merit Protection Commissioner.

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We review things like:

• a poor or unsatisfactory performance rating
• a decision to implement a performance improvement plan or a ‘managing underperformance process’
• any action taken as a result of an unsatisfactory performance management process (excluding a decision to terminate your employment)

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You will need to seek a review with your agency first to resolve the issue.

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If you are not satisfied with the outcome, you have 60 days to tell your agency that you would like a secondary review by the MPC, and they must send your matter to us. Your agency will provide us with the information relevant to the decision.

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We will conduct a full merits review, and may look at:

• your point of view
• your manager’s point of view
• your job description
• performance expectations
• work samples
• whether performance discussions have taken place between you and your manager

• and if you were provided with constructive feedback so that you were not surprised by the decision.

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We then notify you, and your agency- our recommendation to ‘uphold’ their decision as fair, or whether we have found the decision to be unfair, and should be ‘varied’ or ‘set aside’.

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The agency should then reconsider their decision or make a different decision.  

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In addition to performance management decisions, the MPC can also review other workplace decisions that affect you for free, and independently.

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Find out more on our website, or contact one of our team members.

 [MPC contact details appear: mpc.gov.au, (02) 8239 5330, review@mpc.gov.au]

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The Merit Protection Commissioner: supporting integrity and accountability in the public and Parliamentary Service

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Are you an APS or Parliamentary Service employee who is subject to a Code of Conduct process?

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Are you worried that a decision is wrong, unfair or unreasonable?

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If so, you are able to seek review by the Merit Protection Commissioner.

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The MPC can review any finding that you have breached the Code of Conduct or a decision to impose a sanction of a

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reduction in classification, reassignment of duties, reduction in salary, deduction from salary by way of fine, reprimand.

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The MPC cannot review a decision to terminate your employment.

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For that, you need to apply to the Fair Work Commission.

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There are many reasons why an agency will investigate an employee.

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Common allegations are that an employee has made an unauthorised access of client databases,

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not recorded their attendance correctly, bullied or harassed another person,

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failed to follow directions or agency procedures, failed to perform their duties with care and diligence.

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For a breach or sanction decision, you can make an application directly to the MPC

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for a first and final review without going through your agency. Time limits apply.

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The breach and sanction are two separate decisions.

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So don't wait until the sanction decision is made to apply for a review of the breach decision.

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You have 60 days from each decision to apply to us for review.

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When we review a breach decision, we look first at the process, for example

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were your agency's procedures followed and were you given procedural fairness?

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We then consider the evidence the agency has gathered in its investigation and whether you actually did what was alleged.

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Finally, we decide whether your actions were a breach of the Code of Conduct.

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When it comes to reviewing a sanction decision, we consider whether the sanction imposed on you is fair and proportionate.

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Once we have completed our review, we will notify you and your agency of our recommendation

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to either uphold the breach finding, or sanction decision, or whether it should be varied or set aside.

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Other code of conduct related decisions, such as a suspension decision or the decision to start

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an investigation, must be reviewed first by your agency.

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If you are not happy with your agency's decision, you can then seek a review by the MPC.

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In addition to Code of Conduct decisions, the MPC can also review other workplace decisions that affect you.

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If you would like more information about your review rights and how to apply, visit our website or contact one of our team members.

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The Merit Protection Commissioner. Supporting integrity and accountability in the Public and Parliamentary Service.