Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If an Agency Head receives a recommendation under regulation 5.28 or 5.31, the Agency Head must, as soon as possible:
(a) consider the recommendation; and
(b) make a decision about the recommendation.
(2) The Agency Head may:
(a) confirm the relevant action; or
(b) vary the action; or
(c) set the action aside and substitute a new action.
(3) Subregulation (2) 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.
(4) The Agency Head must tell the employee and the Merit Protection Commissioner in writing of:
(a) the decision; and
(b) the reasons for the decision.
Note Subsection 33 (6) of the Act allows for matters to be
reported to
an Agency Minister, the Prime Minister and the Parliament if the
Merit Protection Commissioner is not satisfied with the response to
recommendations contained in a report to an Agency Head.
Subdivision 5.3.5 Other provisions about review