CTHRepealedAct
Merit Protection (Australian Government Employees) Act 1984
58CCertain purported applications for review of appellable promotions in the Service may be treated as appeals
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##### 58C Certain purported applications for review of appellable promotions in the Service may be treated as appeals
(1) In this section:
> appellable promotion means a promotion that is not a non‑appellable promotion within the meaning of 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 apply to the Agency under section 50DAA of the Public Service Act, within the period prescribed for the purposes of that section, for review of a promotion; and
(b) the officer was not entitled to make such an application for review merely because the promotion was an appellable promotion;
the Agency may direct in writing that this section is to apply in respect of the purported application.
(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 application for review to be treated as an appeal against the promotion under section 50B 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 requesting that the purported application for review be treated as such an appeal.
(4) If the officer gives the Agency a notice as required by subsection (3), the purported application for review is taken, for the purposes of the Public Service Act and this Act, to be an appeal against the promotion duly made in accordance with section 50B of the Public Service Act.