51Agency to inquire into grievances

##### 51 Agency to inquire into grievances (1) Subject to section 49, where a Commonwealth employee applies to the Agency under section 47 or 50 in relation to action taken by a Department or Commonwealth authority, the Agency shall: (a) inquire into the circumstances relating to the action; and (b) attempt to resolve the dissatisfaction of the employee with the action by such of the following means as the Agency considers appropriate: (i) counselling separately the employee and relevant officers of the Department or Commonwealth authority; (ii) conciliating between the employee and relevant officers of the Department or Commonwealth authority; (iii) making a finding of fact under subsection (2); (iv) making a report under subsection (4). (2) Where a Commonwealth employee applies to the Agency under section 47 or 50 in relation to action taken by a Department or Commonwealth authority and the Agency is satisfied that: (a) a question of fact is in dispute between the employee and the Department or Commonwealth authority; and (b) the making of a finding under this subsection would promote the resolution of the dissatisfaction of the employee with the action; the Agency may make a finding in relation to that question of fact and, where the Agency makes such a finding, it shall give a written statement setting out the terms of the finding to the employee and to the Department or Commonwealth authority. (3) Where a Commonwealth employee applies to the Agency under section 47 or 50 in relation to action taken by a Department or Commonwealth authority and the Agency is satisfied that the making of a report to the Department or Commonwealth authority under subsection (4) would promote the resolution of the dissatisfaction of the employee with the action, the Agency may make such a report under that subsection. (4) Where, after an investigation under this Division into action (in this subsection referred to as the relevant action) taken by a Department or Commonwealth authority has been completed, the Agency is of the opinion, having regard to the objects referred to in subsection 4(1), that the relevant action was wrong and that: (a) a decision, recommendation, act or omission comprised or included in the relevant action should be referred to the appropriate authority for further consideration; (b) some particular action could be, and should be, taken to rectify, mitigate or alter the effects of a decision, recommendation, act or omission comprised or included in the relevant action; (c) a decision comprised or included in the relevant action should be cancelled or varied; (d) a rule of law, provision of an enactment or industrial award or practice on which a decision, recommendation, act or omission comprised or included in the relevant action was based should be altered; (e) reasons should have been, but were not, given for a decision comprised or included in the relevant action; or (f) any other thing should be done in relation to a decision, recommendation, act or omission comprised or included in the relevant action; the Agency may report accordingly, in writing, to the Department or Commonwealth authority concerned. (5) The Agency: (a) shall include in a report under subsection (4) its reasons for the opinions specified in the report; and (b) may also include in such a report any recommendations it thinks fit to make. (6) Where the Agency makes a report under subsection (4) in relation to action taken by a Department or Commonwealth authority in relation to a Commonwealth employee, the Agency shall give to the employee a copy of the report. (7) The Agency may request the Department or Commonwealth authority to which the report is made to furnish to it, within a specified time, particulars of any action that it proposes to take with respect to the matters and recommendations included in the report. (8) Where the Agency reports under subsection (4) to a Department or Commonwealth authority, the Department or authority may furnish to the Agency such comments concerning the report as it wishes to make.