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APS employees and Parliamentary Service employees can make a review application directly to the Merit Protection Commissioner without first applying for review in their agency in certain circumstances. You can do this if you have been found to have breached the Code of Conduct. For more information on reviews of Code of Conduct decisions click here.

The information below explains the other circumstances in which you can make an application directly to the Merit Protection Commissioner.

You can apply directly to the Merit Protection Commissioner for review of an employment matter if:

  • an agency head or secretary has personally been involved in decision-making affecting you
  • the matter is so serious or sensitive that it is not appropriate for the agency to do a review
  • you claim that the relevant action or decision is victimisation or harassment because you have previously applied for review.

If accepted, this is called a Merit Protection Commissioner primary review of a general employment matter.

If you believe your matter meets one of the above criteria, you should contact the Review Team for advice before you make an application directly to the Merit Protection Commissioner.