Are there timeframes?

You have 60 days to lodge an application with the Merit Protection Commissioner (Regulation 5.23).

Do not wait to receive a sanction decision before applying for review of the breach decision.

If there is a delay in the sanction decision, you could be too late to seek review of the breach decision.

The timeframe for lodgement of an application for review of a sanction decision starts from the day the sanction was imposed, not the date when the sanction took effect.

It is important to apply for review within the time limits  (Regulation 5.23).

Exceptional circumstances

Applications received outside the 60 days will only be reviewed if the decision maker considers there are exceptional circumstances to explain the delay in applying for review.

Exceptional circumstances may include:

  • cases where extended sick leave significantly hinders an employee's ability to consider making a review application
  • where the significance or main effects of the action only became known some time after the action.

An exceptional circumstance would not usually include:

  • an employee arguing that they were not aware that they had a right to review
  • a circumstance that was ordinary or usual. For example moving to a new job or taking recreation or long service leave.
  • Note: APS employees have an obligation under Regulation 3.16 to inform themselves of the  Public Service Act, the  Regulations and the  Public Service Commissioner's Directions.