PM&C referred allegations of 'breach of law' by John Lloyd
The Prime Minister's Department has admitted it received an allegation in December that public service commissioner John Lloyd breached the law.
PM&C secretary Martin Parkinson referred the matter to the Merit Protection Commissioner the next month, but officials at a Senate estimates hearing on Tuesday could not confirm whether an investigation was under way.
Mr Lloyd, who had not been due to appear in estimates again, will return later on Tuesday afternoon after refusing to say whether or not he was the subject of a probe despite repeated questioning on Monday.
PM&C last month refused to release two emails relating to Mr Lloyd and a right-wing think tank when responding to a freedom of information request, saying it could prejudice an investigation.
Officials have said the FOI decision referred to an investigation that might or might not be on foot, and that the department's involvement with the matter ended when Dr Parkinson referred it to the Merit Protection Commissioner.
Mr Lloyd has previously denied giving special access and research to the Institute of Public Affairs after Labor last year raised an email he sent to a member of the group with an attachment showing what he described as "generous" provisions in public service enterprise agreements.
Under questioning on Monday, Mr Lloyd refused to answer and initially said his role required him not to disclose the identity of people subject to an investigation.
He later said he would take on notice the basis on which he could make a public interest immunity claim not to answer questions about an investigation, but did not give a deadline before which he would respond to that question.
The acting Merit Protection Commissioner, Mark Davidson, holds an independent role but shares an office and staff with the Australian Public Service Commission.
It investigates alleged breaches of the Australian Public Service code of conduct and, in most cases, makes recommendations to agency heads.
Mr Davidson refused to comment on Tuesday when asked whether he or his office had commenced an investigation.
A freedom of information request in January sought emails held by Dr Parkinson mentioning Mr Lloyd and the IPA, and dated from October 23, after senators referred to the email in a Senate estimates hearing.
The department responded to the request last month by refusing to release two emails in Dr Parkinson's inbox, dated December 20 and December 22.
"I am satisfied that disclosure of the documents could reasonably be expected to prejudice the conduct of an investigation of a breach, or possible breach, of the law in a particular instance," assistant secretary Peter Rush wrote.
Releasing the documents could also "reasonably be expected to prejudice the impartial adjudication of a particular case", Mr Rush said.
One document is 30 pages long, and another is five pages.
Mr Lloyd is a member of the IPA. Before the Abbott government appointed him APS commissioner in 2014, he was the director of the think tank's work reform and productivity unit.