Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 39

39. (1) An enactment may provide that applications may be made to the Agency
for review of decisions specified in the enactment.

(2) Where an enactment makes provision in accordance with sub-section (1), the
enactment-

   (a)  shall specify the person or persons to whose decisions the provision
        applies;

   (b)  may be expressed to apply to all decisions of a person, or to a class
        of such decisions; and

   (c)  may specify conditions subject to which applications may be made.

(3) Where an enactment makes provision in accordance with this section for the
making of applications to the Agency for the review of decisions of a person
made in the exercise of a power conferred on that person, that provision of
that enactment applies also in relation to decisions made in the exercise of
that power-

   (a)  by any person to whom that power has been delegated;

   (b)  in the case where the provision specifies the person by reference to
        his being the holder of a particular office or appointment-by any
        person for the time being acting in, or performing any of the duties
        of, that office or appointment; or

   (c)  by any other person lawfully authorized to exercise that power.

(4) Where an enactment makes provision in accordance with sub-section (1) for
the review of a decision, the enactment shall specify either-

   (a)  that the decision may be reviewed under section 42; or

   (b)  that the decision may be reviewed under section 43, and, if the
        enactment does not so specify, the enactment shall be deemed to
        specify that the decision may be reviewed under section 43.

(5) The Agency has power to review any decision in respect of which
application is made to it under any enactment.

(6) For the purposes of an enactment that makes provision in accordance with
this section for the making of applications to the Agency for review of
decisions, a failure by a person to do an act or thing within the period
prescribed by that enactment, or by another enactment having effect under that
enactment, or by an industrial award as the period within which that person is
required or permitted to do that act or thing shall be deemed to constitute
the making of a decision by that person at the expiration of that period not
to do that act or thing.

(7) Where-

   (a)  a person has made a decision in respect of which an application may be
        made to the Agency;

   (b)  the person made the decision in the performance or purported
        performance of the duties of an office or appointment; and

   (c)  the person no longer holds or performs the duties of the office or
        appointment, this Division has effect as if the decision had been made
        by-

   (d)  the person for the time being holding or performing the duties of that
        office or appointment; or

   (e)  if there is not a person for the time being holding or performing the
        duties of that office or appointment or the office no longer
        exists-such person as the Director, or another member authorized by
        the Director, specifies.