Steve Sedgwick has also made the decision on extensive evidence that Agency Heads are not responsible for breaches of the Code of conduct as required under the APS Act
PUBLIC SERVICE ACT 1999 - SECT 12
Agency Heads must promote APS Values
An Agency Head must uphold and promote the APS Values.
Australian Public Service Commissioner
Stephen Sedgwick
Australian Government
Australian Public Service Commission
PERSONAL
Ms Fiona Brown
(by email)
Ref" 11/2167
Dear Ms Brown
I am writing in response to your allegations that the Acting Commonwealth Ombudsman and
the Chief Executive Officer of the Insolvency and Trustee Service Australia have breached the
Australian Public Service Code of Conduct.
Having considered the matter, I have decided that an inquiry under section 41 (1)(f) of the Public
Service Act 1999 (the Act) is not warranted. It appears that your complaints centre on your
disagreement with the decisions taken by the office holders in the performance of their
functions. There is no primafacie evidence of misconduct by the two office holders concerned.
There is no right of review of this decision under the Act. However, you may seek to apply to a
court for judicial review, generally on a question of law, rather than on the merits of the
decision. For example, under the Administrative Decisions (Judicial Review) Act 1977, the
Federal Magistrates Court and the Federal Court have the power to review certain decisions.
Generally, their role is to ensure decision makers acted fairly and within the law and followed
proper procedures in coming to a decision. The time limit for such applications is usually 28
days from the date of being notified of the relevant decision. The websites for the Courts are at
www.fedcourt.gov.au and www.fmc.gov.au. Before making an application, you may wish to
consider obtaining independent legal advice.
Finally, many of your emails to the Commission include offensive language and abusive
personal remarks about individuals. Please stopsending abusive emails. Any further abusive
con'espondence may be filed without reading.
Yours sincerely
(if_ March 2012
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