Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If an Agency Head does not refer an application for review to the Merit Protection Commissioner, the Agency Head must review the action and attempt to resolve the employee's concerns about the action.
(2) Subject to subregulation 5.33 (1), the Agency Head may conduct the review in any manner the Agency Head thinks fit.
(3) The Agency Head may:
(a) confirm the action; or
(b) vary the action; or
(c) set the action aside and substitute a new action.
(4) Subregulation (3) does not limit the employer powers of the Agency Head in relation to the action or the affected employee.
Example
The Agency Head may take other appropriate action to rectify effects of the action or restore the affected employee to the position in which the employee would have been if the action had not been taken.
(5) The Agency Head must tell the employee in writing of:
(a) any decision made on the application; and
(b) the reasons for the decision; and
(c) any action to be taken as a result of the review; and
(d) the applicant's right to apply to the Merit Protection Commissioner under regulation 5.29 for secondary review of the action.