The language was chosen to ensure that any interpretation around clauses 67 and 68 understands the intent of those provisions, which is not to bring the commission into the disciplinary process and not to intrude on the responsibilities of deputy heads under the Financial Administration Act and the Public Service Employment Act.
What is new in clauses 67 and 68 is not the ability to recommend discipline. The commission enjoys that power now, and that would be covered under clause 64, in any event. What's special about clauses 67 and 68 is not the power to recommend discipline; it is the reporting obligation that the recommendation imposes on the deputy heads.
We sometimes refer to this internally as the “bad apple clause”, that, where a person has come to the attention of the commission and that person's conduct raises concern but has not yet attracted discipline, the unique power in clauses 67 and 68 is that the commission, by making that recommendation, obliges the deputy head to report his decision to the minister. That entire process is intended to be separate and apart from the existing labour relations regime and the existing provisions for discipline under various statutes.