58DCertain purported applications for review of appellable promotions outside the Service may be treated as appeals

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