Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 43

43. (1) For the purpose of reviewing a decision that may be reviewed under
this section, the Agency shall make a decision in writing-

   (a)  affirming the decision under review; or

   (b)  making a recommendation in relation to the decision under review or in
        relation to the matter in respect of which the decision under review
        was made.

(2) The Agency shall cause a copy of its decision to be given to the person
applying for review and the person who made the decision under review.

(3) Where the Agency, pursuant to paragraph (1) (b), makes a recommendation in
relation to the decision under review, the person who made the decision shall,
having regard to that recommendation, reconsider the matter in relation to
which the decision under review was made.

(4) Where, pursuant to paragraph (1) (b), the Agency recommends that-

   (a)  the decision under review be varied; or

   (b)  the decision under review be set aside and-

        (i)    a specified decision be made in substitution for the decision
               so set aside; or

        (ii)   a decision be made, in accordance with specified directions, in
               substitution for the decision so set aside, the person who made
               the decision under review has, by virtue of this sub-section,
               power to take any action necessary to give effect to the
               recommendation of the Agency.

(5) Where the Agency, pursuant to paragraph (1) (b), makes a recommendation
and action that is, in the opinion of the Agency, adequate and appropriate in
the circumstances is not taken with respect to the recommendation within a
reasonable time after the Agency makes the recommendation, the Agency may
inform the Prime Minister accordingly in writing.

(6) Where the Agency has, in accordance with sub-section (5), furnished
information to the Prime Minister in relation to a recommendation, the Agency
may also forward to the President of the Senate and the Speaker of the House
of Representatives, for presentation to the Senate and the House of
Representatives, respectively, copies of a report prepared by it concerning
the recommendation for presentation to both Houses of the Parliament.