39Referral to Merit Protection Commissioner

#### 39 Referral to Merit Protection Commissioner (1) If an affected employee makes an application for review of an APS action to the relevant Agency Head under subsection 38(1), the Agency Head may, with the Merit Protection Commissioner’s agreement, refer the application to the Merit Protection Commissioner. (2) The Agency Head may, for example, refer the application to the Merit Protection Commissioner if: (a) the Agency Head was directly involved in the action; or (b) the Agency Head thinks that it is not appropriate, because of the seriousness or sensitivity of the action, for the Agency Head to deal with the application. (3) If the Agency Head refers the application to the Merit Protection Commissioner, the Agency Head must tell the affected employee in writing. > Note: Section 42 deals with review of applications referred to the Merit Protection Commissioner by an Agency Head.