38Application for primary review

#### 38 Application for primary review (1) An affected employee may apply, in writing, to the relevant Agency Head for primary review of an APS 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 primary review of the action if: (a) the Agency Head was directly involved in the action; or (b) it is not appropriate, because of the seriousness or sensitivity of the action, for the Agency Head 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 an APS 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: Examples of outcomes that might be sought include reconsideration of the action and reassignment of duties.