86Review of certain promotion decisions

86 Review of certain promotion decisions (1) An officer may apply for review of a promotion of another officer to a vacant office if— (a) the promotion is to a classification other than an appellable classification; and (b) the officer applied for promotion to the office. (2) The review must be conducted in accordance with— (a) if an industrial instrument applies to an officer and includes a review of promotion procedure—the review procedure in the industrial instrument; or (b) in any other case—the prescribed review of promotion procedure. (3) In deciding the review, a decision-maker must apply the criteria set criteria for review of promotion decisions—the criteria for review in the industrial instrument; or (b) in any other case—the prescribed criteria for review of promotion decisions. (4) If the head of service cancels the promotion as a result of the review— (a) the officer whose promotion is cancelled must for all purposes be treated as having held the office from the date the promotion took effect to the date of the cancellation; and (b) the head of service— (i) must transfer the officer to an office with a classification that is equal to the classification that the officer had immediately before the promotion took effect; and (ii) may if necessary create an office to allow the transfer mentioned in subparagraph (i).