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Merit Protection (Australian Government Employees) Act 1984
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C2004C05328
16 December 1995
-
24 October 1996
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Object
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Part II—Establishment, functions and powers of the Agency
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Division 1—Establishment and functions
5 Merit Protection and Review Agency
6 Functions of Agency
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Division 2—Review Committees
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Subdivision A—Preliminary
7 Interpretation
8 Agency to ensure efficiency of Joint Selection Committees and Review Committees
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Subdivision B—Promotion Appeal Committees
9 Promotion Appeal Committees
10 Constitution of Promotion Appeal Committees
11 Parties to appeal proceedings
12 Member ceasing to act
13 Split decision
14 Places of sitting of Committee
15 Enactment may provide for promotion appeals to be heard by Promotion Appeal Committees
15A Frivolous or vexatious appeals etc.
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Subdivision C—Disciplinary Appeal Committees
16 Disciplinary Appeal Committees
17 Constitution of Disciplinary Appeal Committees
18 Conduct of hearings
19 Member ceasing to act
20 Split decision
21 Enactment may provide for disciplinary appeals to be heard by Disciplinary Appeal Committees
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Subdivision D—Redeployment and Retirement Appeal Committees
22 Redeployment and Retirement Appeal Committees
23 Constitution of Redeployment and Retirement Appeal Committees
24 Conduct of hearings
25 Member ceasing to act
26 Split decision
26A Enactment may provide for other appeals to be heard by Redeployment and Retirement Appeal Committees
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Subdivision E—Re-appointment Review Committees
27 Re-appointment Review Committees
28 Constitution of Re-appointment Review Committees
29 Member ceasing to act
30 Split decision
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Subdivision F—Re-integration Assessment Committees
31 Interpretation
32 Re-integration Assessment Committees
33 Constitution of Re-integration Assessment Committees
34 Member ceasing to act
35 Split decision
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Subdivision FA—Other committees
35A Establishment of other committees
35B Constitution of committee
35C Member ceasing to act
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Subdivision G—Miscellaneous
36 Members of certain Committees not subject to direction
37 Procedure of Joint Selection Committees and Review Committees
37A Enactments to be laid before Parliament
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Division 3—Review of certain decisions
38 Interpretation
39 Agency may review certain decisions
40 Persons who may apply to Agency
41 Procedure of Agency in conduct of reviews
42 Review by Agency that may give rise to new decision
43 Review by Agency that may give rise to recommendation only
44 Agency may seek views of Public Service Commissioner
45 Applications by former Commonwealth employees
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Division 4—Grievances
46 Interpretation
47 Agency may inquire into certain grievances
48 Persons who may apply to Agency
49 Discretion not to investigate
50 Employee may apply to Agency for investigation of certain grievances
51 Agency to inquire into grievances
52 Reports to Prime Minister
53 Special reports to the Parliament
54 Conduct of investigations
55 Applications by former Commonwealth employees
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Division 5—Inquiries
56 Inquiries by Agency
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Division 6—Provision of advice on grievances and appeals
57 Agency to provide, on request, advice on grievance and appeal rights
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Division 6A—Performance of functions on request
57A Agency to perform functions on request
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Division 7—Procedure and powers
58 Procedure
58A Certain purported appeals against non-appellable promotions in the Service may be treated as applications for review
58B Certain purported appeals against non-appellable promotions outside the Service may be treated as applications for review
58C Certain purported applications for review of appellable promotions in the Service may be treated as appeals
58D Certain purported applications for review of appellable promotions outside the Service may be treated as appeals
59 Power to obtain information and documents
60 Power to examine witnesses
61 Power to enter premises
62 Powers of delegates
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Part III—Constitution and organization of Agency
63 Constitution of Agency
64 Period of appointment of members
65 Remuneration and allowances of members
66 Leave of absence
67 Outside employment
68 Resignation
69 Acting Merit Protection Commissioner
70 Acting member
71 Meetings of Agency
72 Disclosure of interests of member in relation to reviews and inquiries
73 Disclosure of interests of members in relation to other matters
74 Retirement
75 Suspension and removal of member
76 Removal taken to be retirement on ground of invalidity
76A Retirement on ground of invalidity under the Superannuation Acts
78 Delegation by Agency
79 Delegation by Merit Protection Commissioner
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Part IV—Miscellaneous
79A Agency not subject to direction
80 Agency not to be sued
81 Offences
82 Protection from civil actions
83 Annual Report
84 Officers to observe secrecy
85 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Merit Protection (Australian Government Employees) Act 1984
