112Effect of not acting in accordance with ISAC recommendation

112  Effect of not acting in accordance with ISAC recommendation

 (1) If, instead of acting in accordance with an ISAC recommendation of a candidate in respect of a vacancy, a Secretary promotes another ongoing Parliamentary Service employee, or engages an APS employee, to the relevant employment, the promotion decision or engagement decision is subject to review under Division 2 of Part 7.

 (2) The notice of the promotion or engagement published in the Public Service Gazette must state that the promotion decision or engagement decision is subject to review under Division 2 of Part 7.

 (3) However, subsections (1) and (2) do not apply if:

 (a) either of the following occurs after the ISAC has made its recommendation:

 (i) the candidate is found to have breached the Code of Conduct and the Secretary believes that the candidate is no longer suitable for the vacancy;

 (ii) the candidate has lost a qualification that is essential for the candidate’s suitability for the vacancy; and

 (b) the Secretary has consulted with the Merit Protection Commissioner about the candidate; and

 (c) the Secretary acts in accordance with the recommendation of the ISAC in relation to the next suitable candidate.

Note: For the purposes of subparagraph (a)(ii), an example is the loss of a security clearance.