40Notice that APS action is not a reviewable action

#### 40 Notice that APS action is not a reviewable action If an affected employee makes an application for review of an APS action under section 38 and the action is not a reviewable action under subsections 37(2) to (6), the person who would have conducted the review must tell the employee, in writing: (a) that the action is not a reviewable action; and (b) the reasons why it is considered that the action is not a reviewable action; and (c) if the application was not made or referred to the Merit Protection Commissioner—of the employee’s right to apply to the Merit Protection Commissioner under section 43 for secondary review of the action.