45When promotion and engagement decisions take effect—general case

45  When promotion and engagement decisions take effect—general case

 (1) Subject to sections 40 and 41, this section applies in respect of a decision to:

 (a) promote an ongoing Parliamentary Service employee; or

 (b) engage an ongoing APS employee as an ongoing Parliamentary Service employee at a higher classification than the employee’s APS classification.

Note: For higher classification, in relation to an APS employee, see section 7.

  (2) If the decision is not subject to PRC review, the decision takes effect:

 (a) if a date of effect has been agreed by the relevant parties and is after the day the decision is notified in the Public Service Gazette—on that date; or

 (b) otherwise—4 weeks after the day the decision is notified in the Public Service Gazette.

 (3) If the decision is subject to PRC review, the decision takes effect on the date mentioned in column 2 of an item in the following table in the circumstances mentioned in column 1 of the item.

 

• When decisions take effect
• Column 1 Column 2
• Item If the decision is subject to PRC review and … then the decision takes effect …
• 1 no application for review is made before the end of the period within which an application for PRC review of the decision may be made (a) if a date of effect has been agreed by the relevant parties and is after the application period ends—on that date; or(b) 2 weeks after the end of the application period
• 2 an application for review is made but withdrawn before the PRC makes a decision on the application (a) if a date of effect has been agreed by the relevant parties and is after the application period ends—on that date; or(b) 2 weeks after the day the Secretary is notified that the application was withdrawn
• 3 an application for review is made but the application lapses before the PRC completes its review (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified that the application has lapsed—on that date; or(b) 2 weeks after the day the Secretary is notified that the application has lapsed
• 4 an application for review is made but the Merit Protection Commissioner decides under section 69 that it is unnecessary to appoint a PRC to consider the application (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified of the decision of the Merit Protection Commissioner—on that date; or(b) the later of:(i) the day the Secretary is notified; and(ii) 4 weeks after the day the decision is notified in the Public Service Gazette
• 5 an application for review is made and the PRC upholds the decision (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified of the PRC’s decision—on that date; or(b) 4 weeks after the day the Secretary is notified of the PRC’s decision