Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 50

50. (1) In addition to any right that a Commonwealth employee may have to
apply to the Agency under section 47, a Commonwealth employee may apply to the
Agency for investigation, in accordance with this Division, of an action taken
by a Department or Commonwealth authority-

   (a)  on the grounds that-

        (i)    the action constitutes harassment of the employee for having
applied to have other action (in this paragraph referred to as the "original
action") investigated (whether by the Agency under section 47 or this section
or by some other person or authority); and

        (ii)   the original action was action in respect of which the
               employee-

                (A)  made an application to the Agency under section 47 or
                     this section; or

                (B)  was entitled to make an application to the Agency under
                     section  47 or this section; or

   (b)  on the grounds that-

        (i)    the action is action in respect of which the employee would be
               entitled to make an application to the Agency under section 47
               if the alleged action were first considered by some other
               person or authority; and

        (ii)   it is not appropriate, because of the seriousness or the
               sensitivity of the action, for that person or authority to
               consider the action.

(2) Where a Commonwealth employee applies to the Agency under sub-section (1)
in relation to an action, the Agency may, if it thinks fit, investigate the
action.

(3) Where a Commonwealth employee applies to the Agency under sub-section (1)
for investigation of an action, the Agency shall, if it decides not to
investigate the action, inform the employee in writing of its decision.