Yes, there are important timeframes.
You have 120 days to apply for a review with your agency.
'When' 120 days starts depends on what you want reviewed. The 120 days is calculated from the date of the:
- action - such as the date you were given performance feedback, or
- decision - such as the date you were notified of a reduction in classification.
Your agency's review of these matters is called an agency primary review.
If you are dissatisfied with the outcome of this primary review, you may apply to the Merit Protection Commissioner for review.
When we review a decision already reviewed by an agency, it is called a Merit Protection Commissioner secondary review.
You have 60 days to lodge the secondary review.
The 60 days starts from the date your agency advised you of the outcome of the primary review.
It is important to submit your application for review within the time limits (Regulation 5.23).
Applications may be accepted outside of these time limits if there are exceptional circumstances to explain the delay in lodgement.
Exceptional circumstances may include:
- cases where extended sick leave significantly hinders an employee's ability to consider making a review application
- where the significance or main effects of the action only became known some time after the action.
An exceptional circumstance would not usually include:
- an employee arguing that they were not aware that they had a right to review
- a circumstance that was ordinary or usual. For example moving to a new job or taking recreation or long service leave.
Note: APS employees have an obligation under Regulation 3.16 to inform themselves of the Public Service Act, the Regulations and the Australian Public Service Commissioner's Directions.