45Conduct of review by Merit Protection Commissioner

#### 45 Conduct of review by Merit Protection Commissioner If the Merit Protection Commissioner receives an application for secondary review of an APS action under section 44 and 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).