It’s taken a while but a new Merit Protection Commissioner has been appointed by Finance Minister Katy Gallagher. Photo: Michelle Kroll.
The senior public servant who led the Australian Public Service Commission’s Robodebt inquiry into code of conduct breaches has been appointed to a full-time position left vacant since December 2022.
Public Service Minister Katy Gallagher named Jamie Lowe as the new Merit Protection Commissioner, starting Monday, 30 September.
As first assistant commissioner at the Australian Public Service Commission (APSC), Ms Lowe recently completed the agency’s 14-month Centralised Code of Conduct Inquiry Taskforce established in response to the Robodebt Royal Commission Report.
Senator Gallagher said the new appointment was made following a merit-based selection process.
“Ms Lowe holds Bachelors of Law (Honours) and Arts and has served in senior positions across the Commonwealth Government,” Senator Gallagher said in a statement.
“Ms Lowe has led multidisciplinary teams at the National Disability Insurance Agency and Attorney-General’s Department to deliver major policy reform and program design for government.”
The office of the Merit Protection Commissioner is established under the Public Service Act 1999.
It is responsible for statutory functions including supporting compliance with the Australian Public Service (APS) Employment Principles and APS and Parliamentary Services Values and Codes of Conduct.
The office reviews workplace actions and decisions, including those relating to promotions and misconduct.
It also provides similar functions under the Parliamentary Service Act 1999.
The office of the Merit Protection Commissioner’s website states: “We assist agencies and departments make high-quality and timely recruitment decisions and effectively manage allegations of misconduct or workplace disputes.
“The Public Service Act 1999 also allows us to provide limited expert services to non-APS agencies, Commonwealth entities and corporations.
“Our commitment is to high-quality employment decisions and actions that are ethical, operate with integrity and support safe, productive, and harmonious workplaces.
“We operate within a high-level ethical decision-making framework, and offer a deep and practical understanding of the principles of merit and administrative decision making.”
The Merit Protection Commissioner uses advisory selection committees to run a recruitment and selection process on behalf of an APS agency or department.
The establishment of a committee under the act is independent, merits-based and cost effective. The office says it is a useful option for large or sensitive recruitment processes “where confidence in the process, time management and impartiality is a critical factor”.
When an agency or department follows the committee’s recommendation, the applicants are not eligible to seek a promotion review of the committee’s decision.
According to the website, this is the unique advantage of engaging an independent selection committee to run a recruitment process.
“These committees deliver a high-quality product at every stage of the recruitment process from advertising the role, shortlisting, conducting interviews and drafting selection reports,” the website states.
Senior APS officers have temporarily filled the Merit Protection Commissioner’s role since the last commissioner Linda Waugh left at the end of 2022 to take up the position of Queensland Integrity Commissioner.
The APSC’s Robodebt inquiry recently delivered its report, finding 12 former and current public servants to have breached the APS Code of Conduct 97 times.
Two former agency heads – Kathryn Campbell and Renée Leon – were identified in the inquiry’s report which stated they failed in their obligations 25 times during their tenures leading the Department of Human Services.
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