50DDetermination of appeals

##### 50D Determination of appeals (1) Where an appeal is or appeals are made under section 50B in respect of a promotion, the Committee shall form an opinion as to the most efficient of the officers concerned, namely the officer promoted and the officer or officers who has or have appealed. (2) For the purpose of forming an opinion as to the most efficient of the officers concerned, the Committee shall have regard to: (a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Committee considers that those matters are relevant to the performance of the duties of the office; and (b) if and only if the Secretary who made the promotion has indicated that, for the purpose of forming an opinion under section 50A, the Secretary had regard to the potential of officers for further career development in the Service, or the ability of officers to perform the duties of other offices in the Department of the same or equal classification—that matter. (3) A reference in subsection (2) to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for further career development in the Service, or ability to perform the duties of other offices in a Department is, in relation to an officer who is a returned soldier or who is or has been absent on specified defence service, a reference to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for future career development in the Service, or ability to perform the duties of the offices concerned that, in the opinion of the Committee, the officer would have had but for the absence of the officer on active service or on specified defence service. (4) Where the Committee has formed an opinion as to the most efficient of the officers concerned, the Committee shall: (a) unless paragraph (b) applies—allow or disallow the appeal or appeals so as to give effect to its opinion; or (b) if the Committee has also formed the opinion that none of the officers concerned is capable of efficiently performing the duties of the office—disallow the appeal or appeals and cancel the promotion. (5) Where an appeal against a promotion is allowed: (a) the promotion is, by force of this subsection, cancelled; and (b) the officer whose appeal is allowed is, by force of this subsection, promoted to the office. (6) Where a promotion is cancelled under subsection (4) or by force of subsection (5), or an officer is promoted to an office by force of subsection (5), the relevant Secretary shall cause notification of the cancellation, or of the promotion, to be given in the Gazette.