64Review of actions

64 Review of actions (1) Subject to this section, an employee is entitled to have an action taken within a public service body that relates to his or her employment reviewed in accordance with the regulations and any standards issued under section 62. Notes to s. 64(1) amended by No. 37/2014 s. 10(Sch. item 135.5). **Notes** 1 Public service bodies include offices and bodies specified in section 16(1)—see section 16(2). 2 A review of an employment related action (other than an initial review) taken in respect of an employee of the Commission may enliven a conflict of interest—see section 50. (2) Unless the regulations otherwise provide, an employee is only entitled to have a review of a proposed appointment or promotion on the ground of a significant deficiency in the selection process or the process on an initial review. (3) Regulations made for the purposes of this section may— (a) prescribe exceptions to the entitlement to a review in circumstances where— (i) the matter is frivolous, vexatious or lacking in substance; or (ii) the applicant does not have sufficient personal interest; or (iii) the applicant has not sought an initial review within the public service body to which he or she belongs; or (iv) the application is not made within a specified period; or (v) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding under Division 2 of Part 8 of the **Equal Opportunity Act 2010**; or (vi) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the **Equal Opportunity Act 2010**; (b) provide for procedures for a review, including empowering the appointment of a person or body to conduct a review and specifying circumstances in which the applicant or any other party to a review may be accompanied by a legal practitioner or other person; (c) provide for an initial review to be conducted within the public service body to which the employee belongs; (d) provide for the powers available to the person or body conducting an initial review within the public service body to which the employee belongs; (e) provide for an application for a review to be made directly to the Commission in specified circumstances; (f) provide for an application for a review to be referred to the Commission in specified circumstances on completion of an initial review within the public service body to which the employee belongs; (g) provide for the powers available to the Commission on conducting a review, including power to require the appropriate public service body Head to provide the Commission with information or documents and power to interview any employee in the body. (4) Regulations made for the purposes of this section— (a) must not require the Commission to hold a formal hearing on a review; and (b) must ensure that the rules of natural justice are adhered to on a review. S. 65 substituted by No. 6/2014 s. 10.