82Application for primary review

82  Application for primary review

 (1) An affected employee may apply in writing to the relevant Secretary for primary review of a Parliamentary Service action.

 (2) However, the application must be made to the Merit Protection Commissioner if the application is for review of:

 (a) a determination that the affected employee has breached the Code of Conduct; or

 (b) a sanction imposed for breach of the Code of Conduct.

 (3) Also, the affected employee may apply in writing to the Merit Protection Commissioner for review of the action if:

 (a) the Secretary was directly involved in the action; or

 (b) it is not appropriate, because of the seriousness or sensitivity of the action, for the Secretary to deal with the application; or

 (c) the action is claimed to be victimisation or harassment of the employee for having made a previous application for review of a Parliamentary Service action.

 (4) The application must state briefly:

 (a) why the review is sought; and

 (b) if a particular outcome is sought—the outcome sought.

Note: For the purposes of paragraph (4)(b), examples of outcomes that might be sought include reconsideration of the action and reassignment of duties.