Document ID: chunk:federal_register_of_legislation:F2024L01683:clause:1_28
Version: federal_register_of_legislation:F2024L01683
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 19665–21701

28  Own motion reviews—conduct of reviews

Review of decision
 (1) The reviewer of a selection process under this Subdivision must consider whether the selection process:
 (a) is likely to, or has, resulted in one or more decisions based on merit (within the meaning of subsection 10A(2) of the Act); and
 (b) is being, or was, undertaken in accordance with the requirements for conducting merit‑based selection processes specified by the Commissioner's Directions.
 (2) Subject to this section, the reviewer may conduct the review in any manner the reviewer thinks fit.
 (3) In conducting the review, the reviewer may consider information in relation to the decision only if the information was, before or at the time of the selection process:
 (a) available to the decision‑maker; or
 (b) known to the Agency, but not provided to the decision‑maker.
 (4) The reviewer must make:
 (a) one or more findings; and
 (b) the recommendations required to be included in a written report required to be prepared under section 29; and
 (c) any other recommendations the reviewer considers suitable to include in such a report.

Agency Head to be consulted if there are adverse findings or recommendations
 (5) If the reviewer intends to make findings or recommendations that are adverse to the Agency:
 (a) a summary of the findings or recommendations must be provided to the Agency Head of the Agency; and
 (b) the Agency Head must be invited to make submissions on the findings or recommendations within a specified period, which must be not less than 14 days; and
 (c) the Merit Protection Commissioner must take into account any submissions made by the Agency Head in determining the outcome of the review under section 29.

Merit Protection Commissioner must take into account findings or recommendations made by other reviewers
 (6) In the case that the reviewer is not the Merit Protection Commissioner, the Merit Protection Commissioner must take into account any findings or recommendations made by the reviewer under subsection (4).