58BCertain purported appeals against non‑appellable promotions outside 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 (1) In this section: > non‑appellable promotion means a promotion that is not subject to appeal. (2) If: (a) a person purports to appeal under a provision of an enactment (the relevant enactment), within the period prescribed for the purpose by or under the relevant enactment, against a promotion; and (b) the person was not entitled to appeal merely because the promotion was a non‑appellable promotion; and (c) the person would have been entitled to apply to the Agency for review of the 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 person telling the person that the direction has been given and requiring the person, if he or she wishes the purported appeal to be treated as an application for review of the promotion by the Agency, 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 the grounds for the review; and (c) giving particulars of the matters alleged to support those grounds. (4) If the person gives the Agency a notice as required by subsection (3), the purported appeal is taken, for the purposes of the relevant enactment and this Act, to be an application to the Agency for review of the promotion duly made in accordance with that enactment.