85Promotion appeal by excess officer

85 Promotion appeal by excess officer (1) This section applies if an officer has been told, in writing, by the head of service that the officer is an excess officer. (2) The officer may appeal against the promotion of another person to a vacant office if— (a) the promotion is to an appellable classification; and (b) the excess officer applied for transfer to the vacant office the classification of which is equal to or lower than the classification of the office occupied by the excess officer. (3) An appeal under this section does not affect the operation of part 6 (Redeployment, underperformance and end of employment of officers). (4) The appeal must be made in accordance with— (a) if an industrial instrument applies to the officer and includes a procedure for promotion appeals—the promotion appeals procedures in the industrial instrument; or (b) in any other case—the prescribed promotion appeals procedure. (5) In deciding the appeal a decision-maker must apply the criteria set criteria for decision-making for promotion appeals—the decision-making criteria in the industrial instrument; or (b) in any other case—the prescribed decision-making criteria.