50DAAReview of non‑appellable promotion decisions by Merit Protection and Review Agency

##### 50DAA Review of non‑appellable promotion decisions by Merit Protection and Review Agency (1) An officer who applied unsuccessfully for a non‑appellable promotion may, within the prescribed period, apply to the Agency for review of the promotion on the ground that it would be unreasonable for the promotion to stand because of: (a) a breach of section 33 in connection with the making of the promotion; or (b) a serious defect in the selection process. (2) An application for review of a promotion shall be in writing and shall include particulars of the alleged breach of section 33 or the alleged defect in the selection process. (3) Where an application is made to the Agency for review of a promotion, the Agency shall: (a) make such inquiries as it considers necessary to determine whether a recommendation should be made under subsection (4) in relation to the promotion; and (b) make a decision in writing either: (i) affirming the promotion; or (ii) making a recommendation under subsection (4) in relation to the promotion. (4) Where an application is made to the Agency for review of a promotion, the Agency shall, if it is satisfied that it would be unreasonable for the promotion to stand because of: (a) a breach of section 33 in connection with the making of the promotion; or (b) a serious defect in the selection process; recommend to the Secretary who made the promotion that the promotion be cancelled. (5) The Agency shall cause a copy of its decision to be given to: (a) the officer who made the application; (b) the officer promoted; and (c) the Secretary who made the promotion. (6) Where the Agency recommends to the Secretary that a promotion be cancelled, the Secretary: (a) shall, having regard to the recommendation, reconsider the promotion; and (b) may cancel the promotion. (7) Where a Secretary cancels a promotion under subsection (6): (a) the officer promoted shall, for all purposes, be treated as having held the office concerned during the period beginning when the promotion took effect and ending when the promotion is cancelled; and (b) upon the cancellation of the promotion, the Secretary shall transfer the officer to an office in the Secretary’s Department having a classification that is the same as, or equal to, the classification that the officer had immediately before the promotion took effect, and, if necessary, the Secretary shall create such an office for the purpose. (8) The Agency shall refuse to consider or further consider an application for review of a promotion if the Agency is satisfied that the application is frivolous or vexatious or was not made in good faith. (9) Where 2 or more applications are made to the Agency for review of the same promotion, the Agency may consider those applications concurrently. (10) Division 7 of Part II of the Merit Protection Act applies in relation to a review under this section of a promotion in the same manner as it applies to a review of a decision under Division 3 of Part II of that Act.