Document ID: chunk:federal_register_of_legislation:F2024L01683:clause:1_29
Version: federal_register_of_legislation:F2024L01683
Segment Type: clause
Provision Reference: sch 1 cl 29
Character Range: 21701–24124

29  Own motion reviews—outcomes of reviews
 (1) The Merit Protection Commissioner must prepare a written report of a review under this Subdivision that includes:
 (a) one or more findings, including the following:
 (i) whether the selection process the subject of the review meets, or does not meet, the requirements in subsection 28(1);
 (ii) if the selection process does not meet those requirements, whether the Merit Protection Commissioner is satisfied that, despite the selection process not meeting those requirements, the outcomes of the selection process would not have been materially different had those requirements been met; and
 (b) the recommendations required to be included in the report by this section; and
 (c) any other recommendations the Merit Protection Commissioner considers suitable to include.
 (2) If the Merit Protection Commissioner determines that the selection process did not meet the requirements in subsection 28(1), the Merit Protection Commissioner:
 (a) must include one or more recommendations in the written report in relation to the requirements that were not met; and
 (b) if a merit pool, a ranked merit pool or a ranked merit list were created as a result of the selection process:
 (i) must recommend that the selection process should not be used to fill a vacancy (other than any vacancies that have already been filled); and
 (ii) must include in the report a recommendation that, on or after the day the report is given to the Agency Head, a person should not be engaged or promoted to a vacancy from the merit pool, ranked merit pool or ranked merit list.
 (3) However, paragraph (2)(b) does not apply if the Merit Protection Commissioner is satisfied that, despite the selection process not meeting the requirements in subsection 28(1), the outcomes of the selection process would not have been materially different had those requirements been met.
 (4) The Merit Protection Commissioner must give the written report to the Agency Head of the Agency.
 (5) The Merit Protection Commissioner may publish findings or recommendations included in the written report:
 (a) in the Merit Protection Commissioner's annual report; or
 (b) on the Merit Protection Commissioner's website.
Note: Section 72B of the Act provides the circumstances in which the Merit Protection Commissioner may or may not disclose information in relation to individuals.

Subdivision C—Other matters