Commonwealth Consolidated Regulations

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PUBLIC SERVICE REGULATIONS 1999 - REG 7.2A

Entitlement to review

             (1)  A former APS employee who was not an SES employee at the time the employee's employment ceased (the affected former employee ) is entitled to review of a determination by an Agency Head, made after the affected former employee's employment ceased, that the affected former employee has breached the Code of Conduct (including by engaging in conduct referred to in subsection 15(2A) of the Act).

             (2)  The affected former employee is not, or ceases to be, entitled to review of the determination mentioned in subregulation (1) if:

                     (a)  the affected former employee has applied to have the determination reviewed by a Court or Tribunal and the determination may be reviewed by that Court or Tribunal; or

                     (b)  the Merit Protection Commissioner considers that the determination should not be reviewable for any of the following reasons:

                              (i)  the affected former employee has previously applied for review of the determination under this Division;

                             (ii)  the affected former employee has applied, or could apply, to have the determination reviewed by an external review body and review by the review body would be more appropriate than review under this Division;

                            (iii)  review, or further review, of the determination is not otherwise justified in all the circumstances.

Note 1:       Examples of review bodies are:

(a)    the Commonwealth Ombudsman; and

(b)    the Australian Information Commissioner; and

(c)    the Australian Human Rights Commission.

Note 2:       Review may not be justified because the affected former employee does not respond to a request under regulation 7.2F for further information about why the review is sought.

             (3)  The affected former employee is not, or ceases to be, entitled to review of the determination mentioned in subregulation (1) if an application for review of the determination is not made within 60 days of the determination that the affected former employee has breached the Code of Conduct.

             (4)  However, an affected former employee is entitled to review of the determination if the Merit Protection Commissioner considers that there are exceptional circumstances explaining the failure to make an application within the period mentioned in subregulation (3).

Example:    The affected former employee could demonstrate that the affected former employee did not receive notification of the determination.

             (5)  The affected former employee:

                     (a)  is also entitled to review as mentioned in regulation 7.2; and

                     (b)  is not entitled to any other review.



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