What happens next, roles and responsibilities

View all answers

Role, responsibilities and where to get more information

What is the role of the review adviser and the delegate?

The review adviser is not the decision-maker. The delegate is the final decision-maker.

What is expected from those involved in a review?

All parties are expected to act in accordance with the APS Values and Code of Conduct, and be prepared, timely and available.

Where can I get further information?

There is a range of information available depending on what is required.

Applying for a review and what happens next

What is a primary review and what is a secondary review?

A primary review is an initial review of an action or decision. Most general employment matters are reviewed within your agency and are called an agency primary review. When reviewing a decision that has already been reviewed by your agency, it is called a Merit Protection Commissioner secondary review. The Merit Protection Commissioner also conducts limited primary reviews, such as in Code of Conduct matters.

How do I apply for a primary review by my agency?

To apply for a review by your agency, contact your agency HR area or check your intranet.

What happens in an agency review?

In an agency review, your agency conducts a review using their policies, they advise you of the outcome and your right of review to the Merit Protection Commissioner. There are few constraints on the way an agency conducts the review.

I’m not satisfied with my agency review. How do I apply for a secondary review of a general employment matter by the Merit Protection Commissioner?

The general employment review application form for secondary review by the Merit Protection Commissioner is available. This application MUST be submitted in writing to your agency.

What are the outcomes of a review on a general employment matter and a Code of Conduct breach and/or sanction matter?

We can recommend the agency upholds, varies or sets aside the original agency's decision(s). It is unusual for an agency to not act on recommendations from the Merit Protection Commissioner.

What if I am not satisfied with the outcome of a Merit Protection Commissioner review?

If you are not satisfied with the outcome, there is no further right of review under the Public Service Act.

Do I need a lawyer? Do I have to pay?

No you don't need a lawyer and you don't have to pay. The Public Service Act is clear on the requirements for these types of review.

What happens in a secondary review of general employment matters by the Merit Protection Commissioner?

For general employment reviews, we undertake a 6 step process and keep you informed. These steps start with an acknowledgement and advice on if your application has been accepted.

What happens in a primary review of a Code of Conduct matter by the Merit Protection Commissioner?

Specific information on what happens in a primary review of a Code of Conduct matter is available.