Document ID: chunk:federal_register_of_legislation:F2024L01683:clause:1_23
Version: federal_register_of_legislation:F2024L01683
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 12498–13948

23  Review of decision on application by affected person—conduct of reviews

Review of decision
 (1) The reviewer of a decision under this Subdivision must consider whether the selection process resulting in the decision:
 (a) resulted in one or more decisions that are based on merit (within the meaning of subsection 10A(2) of the Act); and
 (b) 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 for the purposes of making a determination under section 24; and
 (c) any other recommendations the reviewer considers suitable to include in such a determination.

Merit Protection Commissioner must take into account findings or recommendations made by other reviewers
 (5) 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).