Commonwealth Consolidated Regulations

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Non-reviewable actions

(subregulation 5.23(2))



              1.  Action about the policy, strategy, nature, scope, resources or direction of the APS or an Agency.

              2.  Action taken, or not taken, in accordance with a direction or reference given by a Minister under the Act or another Act.

Note:          Under s 19 of the Act, an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Div 1 or 2 of Pt 4 of the Act in relation to particular individuals.

              3.  The giving of a direction by the Australian Public Service Commissioner under section 11, 11A or 15 of the Act.

              4.  Action taken, or not taken, for a special inquiry under section 43 or an inquiry under section 50 of the Act.

           4A.  A determination made by the Merit Protection Commissioner under section 50A of the Act.

              5.  Action taken, or not taken, under section 72 of the Act.

              6.  Action arising under any of the following Acts:

                     (a)  the Australian Security Intelligence Organisation Act 1979 ;

                     (b)  the Safety, Rehabilitation and Compensation Act 1988 ;

                     (c)  the Superannuation Act 1976 ;

                     (d)  the Superannuation Act 1990 ;

                     (e)  the Superannuation Act 2005 .

Employment and conditions

              7.  Action relating to the engagement of an APS employee.

              8.  Action of a PRC.

              9.  Action relating to the promotion of an ongoing APS employee as an SES employee (whether or not the employee is already an SES employee).

            10.  Action relating to the determination of the duties of an APS employee, unless the action involves:

                     (a)  a reduction in classification; or

                     (b)  a relocation to another place; or

                     (c)  a promotion that meets the following criteria:

                              (i)  the affected employee was an applicant for the promotion;

                             (ii)  the promotion was to employment at a classification mentioned in Group 7 or 8 in Schedule 1 to the Classification Rules;

                            (iii)  there were serious defects in the selection process; or

                     (d)  the assignment to an employee of duties that the employee could not reasonably be expected to perform.

            11.  Action relating to a decision by an Agency Head, under Chapter 2 of the Commissioner's Directions, not to include the name of an employee in the Public Service Gazette .

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