Certain matters excluded from right of review (section 59(2) of Act)
27 Certain matters excluded from right of review (section 59(2) of Act)
Part 7 Division 4 Subdivision 2 of the Act (Review of employment decisions (other than dismissal)) does not apply to the following decisions:
a decision of a Minister;
a decision of the Commissioner under Part 4 of the
Act;
a decision to the extent that it affects an executive employee;
a decision on an application for employment as an executive employee;
a decision to the extent that it affects a casual employee (other than a decision on an application by an employee under section 49(3) of the
Act);
a decision not to re‑engage a term employee at the end of the employee's term of employment;
a decision to select an employee as a consequence of selection processes conducted on the basis of merit to the extent that it affects an employee other than an employee who made due application in accordance with the selection processes for the particular duties and was eligible for appointment;
a decision to engage, transfer or promote an employee in accordance with the Act and these regulations to the extent that it affects another employee (but not so as to limit the right to apply for review of a decision to select an employee as a consequence of selection processes conducted on the basis of merit);
a decision to change the duties of an employee to the extent that it affects another employee;
a decision to suspend an employee from duty under section 57(1) of the Act (but a decision under section 57(3) of the Act that the suspension is to be without remuneration is subject to review);
a decision to give a direction under section 69(2) of the
Act for reduction in salary arising from an employee's refusal or failure to carry out their duties.
[Note: NoteSee also section 59(2) of the Act.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.