92Promotion appeals

92 Promotion appeals (1) Subject to this section, an appeal may be made by a person mentioned in subsection (1A) if the Commissioner: (a) promotes, under section 16(1)(b) or (3), a member to the rank of Senior Sergeant or a rank below that rank; or (b) makes an appointment contrary to section 18(5); or (c) refuses, under section 166AA(3), to promote or transfer a member. (1A) The appeal may be made by: (a) in the case of a promotion – a member who is qualified, and who applied, for promotion to the rank to which the promotion was made; or (b) in the case of an appointment – a Police Cadet who was, at the time of the appointment, qualified for promotion to the rank of Constable and who is still so qualified; or (c) in the case of a refusal – the member whose promotion or transfer was refused. (1B) The appeal must be made, in the manner and form prescribed by regulation, to a Promotions Appeal Board. (2) The appeal must be lodged within 14 days, or a longer period as the Commissioner in a particular case allows, after: (a) for an appeal against a promotion or appointment – notice is given in the Police Gazette of the promotion or appointment; or (b) for an appeal against a refusal – written notice of the refusal is given to the member. (3) The only ground on which an appeal may be made under subsection (1)(a) is that the appellant has superior merit to the member promoted. (4) Subject to subsection (5), the procedures in and in relation to an appeal under this section (including the power to compel the attendance of witnesses and the giving of evidence), are as Police Administration Act 1978 53 prescribed or, where there is no procedure prescribed in relation to a particular matter, are in the discretion of the Appeal Board. (5) Neither the Commissioner nor an appellant may be represented by a legal practitioner at the hearing of an appeal under this section.