Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 51

51. (1) Subject to section 49, where a Commonwealth employee applies to the
Agency under section 47 or 50 in relation to action taken by a Department or
Commonwealth authority, the Agency shall-

   (a)  inquire into the circumstances relating to the action; and

   (b)  attempt to resolve the dissatisfaction of the employee with the action
        by such of the following means as the Agency considers appropriate:

        (i)    counselling separately the employee and relevant officers of
               the Department or Commonwealth authority;

        (ii)   conciliating between the employee and relevant officers of the
               Department or Commonwealth authority;

        (iii)  making a finding of fact under sub-section (2);

        (iv)   making a recommendation under sub-section (3).

(2) Where a Commonwealth employee applies to the Agency under section 47 or 50
in relation to action taken by a Department or Commonwealth authority and the
Agency is satisfied that-

   (a)  a question of fact is in dispute between the employee and the
        Department or Commonwealth authority; and

   (b)  the making of a finding under this sub-section would promote the
        resolution of the dissatisfaction of the employee with the action, the
        Agency may make a finding in relation to that question of fact and,
        where the Agency makes such a finding, it shall give a written
        statement setting out the terms of the finding to the employee and to
        the Department or Commonwealth authority.

(3) Where a Commonwealth employee applies to the Agency under section 47 or 50
in relation to action taken by a Department or Commonwealth authority and the
Agency is satisfied that the making of a report to the Department or
Commonwealth authority under sub-section (4) would promote the resolution of
the dissatisfaction of the employee with the action, the Agency may make such
a report under that sub-section.

(4) Where, after an investigation under this Division into action (in this
sub-section referred to as the 'relevant action') taken by a Department or
Commonwealth authority has been completed, the Agency is of the opinion,
having regard to the objects referred to in sub-section 4 (1), that the
relevant action was wrong and that-

   (a)  a decision, recommendation, act or omission comprised or included in
        the relevant action should be referred to the appropriate authority
        for further consideration;

   (b)  some particular action could be, and should be, taken to rectify,
        mitigate or alter the effects of a decision, recommendation, act or
        omission comprised or included in the relevant action;

   (c)  a decision comprised or included in the relevant action should be
        cancelled or varied;

   (d)  a rule of law, provision of an enactment or industrial award or
        practice on which a decision, recommendation, act or omission
        comprised or included in the relevant action was based should be
        altered;

   (e)  reasons should have been, but were not, given for a decision comprised
        or included in the relevant action; or

   (f)  any other thing should be done in relation to a decision,
        recommendation, act or omission comprised or included in the relevant
        action, the Agency may report accordingly, in writing, to the
        Department or Commonwealth authority concerned.

(5) The Agency-

   (a)  shall include in a report under sub-section (4) its reasons for the
        opinions specified in the report; and

   (b)  may also include in such a report any recommendations it thinks fit to
        make.

(6) Where the Agency makes a report under sub-section (4) in relation to
action taken by a Department or Commonwealth authority in relation to a
Commonwealth employee, the Agency shall give to the employee a copy of the
report.

(7) The Agency may request the Department or Commonwealth authority to which
the report is made to furnish to it, within a specified time, particulars of
any action that it proposes to take with respect to the matters and
recommendations included in the report.

(8) Where the Agency reports under sub-section (4) to a Department or
Commonwealth authority, the Department or authority may furnish to the Agency
such comments concerning the report as it wishes to make.