77Conduct of review by PRC

77  Conduct of review by PRC

Assessment of relative merits

 (1) In conducting a review of a promotion decision or an engagement decision, a PRC must assess the relative merits of the person promoted or engaged, and each applicant for review of the decision, on the basis of:

 (a) the relative suitability of each person to perform the duties (the relevant duties) relating to the relevant employment; and

 (b) the relationship between each person’s work‑related qualities and the work‑related qualities genuinely required for the relevant duties; and

 (c) the relative capacity of each person to achieve outcomes related to the relevant duties.

Decision relating to applicant who is a Parliamentary Service employee

 (2) If the applicant for the review is a Parliamentary Service employee, the PRC must:

 (a) decide, primarily on the basis of the assessment conducted under subsection (1), that:

 (i) the promotion decision or engagement decision should be upheld; or

 (ii) the applicant for review should be promoted to the relevant employment; and

 (b) inform the relevant Secretary, in writing, of its decision.

Note: The decision is binding on the Secretary (see subsection 79(1)).

Recommendation relating to applicant who is an APS employee

 (3) If the applicant for the review is an APS employee, the PRC must:

 (a) recommend, primarily on the basis of the assessment conducted under subsection (1), that:

 (i) the promotion decision or engagement decision be upheld; or

 (ii) the applicant for review be engaged to the relevant employment; and

 (b) inform the relevant Secretary, in writing, of its recommendation.

Note: The recommendation is not binding on the Secretary (see subsection 79(4)).