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You have 60 days to lodge an application with the Merit Protection Commissioner (Regulation 5.23).

This is from the date of the decision or action you want reviewed.

Exceptional circumstances

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.