116CAppeals against selections of officer for directions to act

116C Appeals against selections of officer for directions to act (1) In this regulation, notice of appeal means a notice referred to in paragraph (6) (a). (2) Subject to subregulations (3) and (6), where an officer is given a direction referred to in subregulation 116B (2), the selection of that officer for that direction is subject to appeal. (3) An appeal under subregulation (2) against the selection of an officer for a direction to perform duties of an office may be made only: (a) by an officer in relation to whom the office is a higher office; and (b) on the ground that the appellant would perform the duties with superior efficiency. (4) Where an appeal is or appeals are made under subregulation (2) in respect of the selection of an officer for a direction to perform duties of an office, the Promotion Appeal Committee shall form an opinion as to the most efficient of the officers concerned, namely the officer directed to perform the duties and the officer or officers who has or have appealed. (5) For the purpose of forming an opinion as to the most efficient of the officers concerned, the Promotion Appeal 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 duties of the office; and (b) if and only if the Secretary who made the selection has indicated that, for the purpose of making that selection, 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. (6) An appeal under subregulation (2) against the selection of an officer for a direction: (a) shall be by notice in writing addressed to the Agency; and (b) shall be made by delivering the notice of appeal in respect of that direction to the relevant address before the relevant time on the fourteenth day after the first day of notification of that direction in accordance with subregulation 116B (3). (7) For the purposes of subregulation (6): (a) the relevant address; and (b) the relevant time; in relation to the delivery of a notice of appeal in respect of an appeal against the selection of an officer for a direction to perform the duties of an office, are the relevant address and the relevant time, respectively, determined by the Agency by notice published in the Gazette, in respect of appeals of that type relating to that office or to a class of offices specified in the notice that includes that office. (8) A determination under subregulation (7): (a) may describe an office by reference to its location in a State, Territory or other place (whether within or outside Australia); and (b) may specify a relevant time in respect of appeals relating to an office located in one place that differs from the time so specified in respect of appeals relating to an office located in another place or places.