42Conduct of review by Merit Protection Commissioner

#### 42 Conduct of review by Merit Protection Commissioner (1) This section applies if an application by an affected employee for review of an APS action is: (a) made to the Merit Protection Commissioner under subsection 38(2) or (3); or (b) referred to the Merit Protection Commissioner under subsection 39(1). (2) If the Merit Protection Commissioner considers that the affected employee is entitled to review of the action under this Division, the Merit Protection Commissioner: (a) must conduct a de novo review of the action; and (b) may, subject to the minimum requirements mentioned in subsection 47(1), conduct the review in any manner the Merit Protection Commissioner thinks fit; and (c) must make a recommendation to the relevant Agency Head, in writing, about the action; and (d) must tell the relevant Agency Head, in writing, the reasons for the recommendation; and (e) must tell the affected employee, in writing, of the recommendation and reasons given to the relevant Agency Head. > Note: The recommendation is not binding on the relevant Agency Head (see section 46).