Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:11
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 11
Character Range: 118371–121256

11                                                                                           Action relating to a decision by a Secretary, under subsection 43(4), not to include the name of an employee in a notice published in the Public Service Gazette.

 (3) A Parliamentary Service action is not, or ceases to be, a reviewable action if:
 (a) the affected employee has applied to have the action reviewed or dealt with by a court or tribunal; and
 (b) the court or tribunal has jurisdiction to review or deal with the action.
 (4) A Parliamentary Service action is not, or ceases to be, a reviewable action if the person who is, or would be, conducting the review considers that the action should not be reviewable for any of the following reasons:
 (a) the application by the affected employee for review of the action is misconceived or lacking in substance;
 (b) the application by the affected employee for review of the action is frivolous or vexatious;
 (c) the affected employee has previously applied for review of the action under this Division;
 (d) the affected employee has applied to have the action reviewed under Division 2 of this Part;
 (e) the affected employee has applied, or could apply, to have the action reviewed by an external review body and review by the external review body would be more appropriate than review under this Division;
 (f) the affected employee does not have sufficient direct personal interest in review of the action;
 (g) review, or further review, of the action is not otherwise justified in all the circumstances.
Note 1: For the purposes of paragraph (e), examples of external review bodies include the Commonwealth Ombudsman, the Australian Information Commissioner and the Australian Human Rights Commission.
Note 2: For the purposes of paragraph (g), a review may not be justified because the applicant did not respond to a request under section 92 for further information about why the review is sought.
 (5) A Parliamentary Service action mentioned in column 1 of an item in the following table is not, or ceases to be, a reviewable action if a circumstance mentioned in column 2 of the item applies in relation to the Parliamentary Service action.

Parliamentary Service actions that are not, or that cease to be, reviewable actions in particular circumstances
                                                                                                                 Column 1                                                                                                                                                      Column 2

Item                                                                                                             Parliamentary Service action                                                                                                                                  Circumstance