Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 49

49. (1) Where a Commonwealth employee has made an application to the Agency
with respect to action taken by a Department or Commonwealth authority, the
Agency may, in its discretion, decide not to investigate the action or, if it
has commenced to investigate the action, decide not to investigate the action
further-

   (a)  if the Agency is satisfied that the employee became aware of the
        action more than 12 months before the application was made to the
        Agency; or

   (b)  if, in the opinion of the Agency-

        (i)    the application is frivolous or vexatious or was not made in
               good faith;

        (ii)   the employee has a right to apply to another person or
               authority in relation to the action and it is more appropriate
               that the action be dealt with by that person or authority
               rather than by the Agency; or

        (iii)  an investigation, or further investigation, of the action is
               not warranted having regard to all the circumstances of the
               case.

(2) Where a Commonwealth employee has exercised, or exercises, a right to
cause action to which his application relates to be reviewed by a court or by
a tribunal constituted by or under an enactment, the Agency shall not
investigate, or continue to investigate, as the case may be, the action unless
the Agency is of the opinion that there are special reasons justifying the
investigation of the action or the investigation of the action further.