Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An APS action is reviewable action if the affected employee is entitled, under subsection 33 (1) of the Act, to review of the action.
(2) However, the action is not, or ceases to be, reviewable action if:
(a) it is action mentioned in Schedule 1; or
(b) the affected person has applied to have the action reviewed by a Court or Tribunal and the action may be reviewed by that Court or Tribunal.
(3) Also, the action is not, or ceases to be, reviewable action if the person or committee that is, or would be, conducting the review considers that the action should not be reviewable for any of the following reasons:
(a) the application for review of the action is made more than 1 year after the action happened, or did not happen, and there are no exceptional circumstances explaining why the application was not made within the year;
(b) the application by the affected employee for review of the action is frivolous or vexatious;
(c) the affected employee has previously applied for review of the action under this Division;
(d) the affected employee has applied to have the action reviewed under Division 5.2;
(e) the affected employee has applied, or could apply, to have the action reviewed by an external review body and review by the review body would be more appropriate than review under this Division;
(f) the affected employee does not have sufficient direct personal interest in review of the action;
(g) review, or further review, of the action is not otherwise justified in all the circumstances.
Examples of external review bodies for paragraph (e)
1 Commonwealth Ombudsman.
2 Privacy Commissioner.
3 Human Rights and Equal Opportunity Commission.
Example for paragraph (g)
Review may not be justified because the applicant does not respond to a request under regulation 5.35 for further information about why the review is sought.
Subdivision 5.3.2 Primary review