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reg 29

Application for external review (section 62 of Act)

In force
Part 6Public sector employment
Division 5Review of employment decisions (other than dismissal)

29 Application for external review (section 62 of Act)

(1)

An employee aggrieved by an employment decision of a public sector agency may apply to SAET for a review of the decision without having applied for an internal review of the decision if—

(a)

the decision was made on an internal review; or

(b)

the decision is a decision to select an employee as a consequence of selection processes conducted on the basis of merit.

(2)

If an application is made under subregulation (1), it must be made as follows:

(a)

in the case of a decision made on an internal review—within

21 days after the day on which the employee is notified by the agency of the outcome of the review;

(b)

in the case of a decision to select an employee as a consequence of selection processes conducted on the basis of merit—within 7 days after the day on which the employee is notified by the agency of the outcome of the selection processes.

(3)

An employee aggrieved by an employment decision of a public sector agency may apply to SAET for a review of the decision without an internal review of the decision having been completed if—

(a)

an application for internal review was made after the period allowed for such an application and SAET is of the opinion that the refusal of the agency to extend the period was unreasonable; or

(b)

the agency has extended the time for completion of a review and

SAET is of the opinion that the extension was unreasonable.

(4)

If an application is made under subregulation (3), it must be made as follows:

(a)

in the case of a refusal to extend the period for an application for internal review of a decision—within 7 days after the day on which the employee is notified by the agency of the decision to refuse the extension;

(b)

in the case of an extension of time for completion of an internal review of a decision—within 7 days after the day on which the employee is notified by the agency of the decision to grant the extension.

(5)

If an internal review of an employment decision has been completed, an application to SAET for a review of the decision must be made within—

(a)

in the case of a decision to select an employee as a consequence of selection processes conducted on the basis of merit—7 days;

or

(b)

in any other case—21 days, after the day on which the employee is notified by the agency of the outcome of the internal review of the decision.

(6)

SAET may extend a limitation of time under this regulation.

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