21Application for review of decision

21 Application for review of decision

(1) A person who is entitled to a review of a decision under this Subdivision may apply directly to the Merit Protection Commissioner for a review of the decision. (2) The application must: (a) be in writing; and (b) state the reasons why the applicant considers that the selection process that resulted in the decision: (i) was not based on merit (within the meaning of subsection 10A(2) of the Act); or (ii) was not undertaken in accordance with the requirements for conducting merit‑based selection processes specified by the Commissioner’s Directions; and (c) be made by: (i) 5 pm of the 14th day after the day the decision is notified in the Public Service Gazette; or (ii) if, before the end of that period, the Merit Protection Commissioner agrees to a longer period—5 pm of the last day of that longer period. (3) The making of an application under this section operates to stay: (a) the decision; and (b) if the decision involves the engagement or promotion of a person from a merit pool, a ranked merit pool or a ranked merit list—the engagement or promotion of any other person from the merit pool, ranked merit pool or ranked merit list; until the decision takes effect in accordance with Part 4 of the Commissioner’s Directions. (4) The Merit Protection Commissioner may decide that the applicant is not entitled to a review of the decision if: (a) the application is misconceived, lacking in substance, frivolous or vexatious; or (b) the applicant has previously applied for: (i) a review of the same decision; or (ii) a review of a decision relating to the same selection process; or (c) the Merit Protection Commissioner considers that, in all the circumstances, a review of the decision is not justified.

Note: For paragraph (4)(b), an example of a decision relating to the same selection process is a decision to promote a person to a similar vacancy from a merit pool created as a result of that selection process.

(5) If the Merit Protection Commissioner makes a decision under subsection (4), the Merit Protection Commissioner must notify the applicant, by written notice, of the reasons for the decision.