58ACertain purported appeals against non‑appellable promotions in the Service may be treated as applications for review

##### 58A Certain purported appeals against non‑appellable promotions in the Service may be treated as applications for review (1) In this section: > non‑appellable promotion has the same meaning as in Division 4 of Part III of the Public Service Act. > Public Service Act means the Public Service Act 1922. (2) If: (a) an officer purports to appeal under section 50B of the Public Service Act, within the period prescribed for the purposes of subsection (3) of that section or within any extension of that period under subsection (4) of that section, against a promotion; and (b) the officer was not entitled to appeal merely because the promotion was a non‑appellable promotion; the Agency may direct in writing that this section is to apply in respect of the purported appeal. (3) If the Agency gives such a direction, it must give written notice to the officer telling the officer that the direction has been given and requiring the officer, if he or she wishes the purported appeal to be treated as an application for review of the promotion under section 50DAA of the Public Service Act, to give the Agency, within the period of 14 days after the day on which the notice is given, a written notice: (a) requesting that the purported appeal be treated as such an application for review; and (b) stating whether the ground for the review is that it would be unreasonable for the promotion to stand because of: (i) a breach of section 33 of the Public Service Act in connection with the making of the promotion; or (ii) a serious defect in the selection process; and (c) giving particulars of the alleged breach or alleged defect. (4) If the officer gives the Agency a notice as required by subsection (3), the purported appeal is taken, for the purposes of the Public Service Act and this Act, to be an application for review of the promotion duly made in accordance with section 50DAA of the Public Service Act.