50HPromotion appeal rights of certain officers

##### 50H Promotion appeal rights of certain officers (1) This section applies to an officer who has been told by the relevant Secretary that the relevant Secretary is satisfied that the officer is an excess officer. (2) An officer to whom this section applies has a right under this section to appeal against the promotion under section 50 of another person to a vacant office the classification of which is equal to or lower than the classification of the office occupied by the officer to whom this section applies. (2A) Subsection (2) does not apply in relation to a promotion that, under this Act, is not subject to appeal under section 50B. (2B) An officer is not entitled to appeal against the promotion of a person to a vacant office unless: (a) the vacancy in the office was notified in the Gazette and the officer had applied for a transfer that would have had the effect of filling the notified vacancy; or (b) the promotion was made without the vacancy in the office having been notified in the Gazette. (3) Where an officer to whom this section applies is an unattached officer, the reference in subsection (2) to a vacant office the classification of which is equal to or lower than the classification of the office occupied by the officer to whom this section applies shall be read as a reference to a vacant office the maximum rate of salary applicable to which is equal to or lower than the salary, or the maximum rate of salary, applicable to the officer to whom this section applies as an unattached officer. (4) Subsections 50B(2), (3) and (4) apply in relation to an appeal under this section as if the appeal were an appeal under subsection 50B(1). (5) Where an officer to whom this section applies appeals under this section against the promotion of another officer, then, for the purposes of this Act in relation to that appeal: (a) references in this Act to promotion shall, in relation to the officer to whom this section applies, be read as references to the transfer of the officer; and (b) references in this Act to an appeal under section 50B shall be read as references to an appeal under this section. (6) The making of an appeal under this section or section 50B by an officer to whom this section applies does not affect the operation of Division 8C.