36Entitlement to review

#### 36 Entitlement to review (1) For the purposes of subsections 33(1) and (2) of the Act, a non‑SES employee (an affected employee) is entitled to review under this Division of an APS action that relates to the employee’s APS employment if the action is: (a) by: (i) an Agency Head; or (ii) an APS employee; or (iii) the Australian Public Service Commissioner under section 41B of the Act; and (b) reviewable action (including the action of finding that the affected employee has breached the Code of Conduct). > Note 1: For reviewable action, see section 37. > Note 2: A locally engaged employee is not an APS employee and is therefore not entitled to review of action under this Division. (2) If an affected employee makes an application for review under this Division of an APS action, the affected employee ceases to be entitled to review under this Division if, after the application is made: (a) the employee ceases to be employed; or (b) the employee is promoted to an SES position; or (c) the action ceases to be a reviewable action. (3) A former APS employee is not entitled to review under this Division. > Note: For rights of former APS employees to review, see Part 6.