116DLapsing of appeals

116D Lapsing of appeals

(1) An appeal under subregulation 116C (2) against the selection of an officer for a direction to perform duties of an office for a period (in this subregulation referred to as the period of acting) shall lapse if:

(a) the appellant advises the Agency in writing that he or she does not intend to proceed with the appeal;

(b) the period of acting has expired;

(c) the appellant ceases to be an officer;

(d) the direction is revoked in respect of all of the duties to which it relates;

(e) the officer directed to perform those duties ceases to be an officer;

(f) the appellant has been promoted to an office of a classification equal to or higher than the classification of the office to which the direction relates and the promotion has taken effect; or

(g) the Secretary of a Department affected by the appeal advises the Agency that performance of those duties by the appellant would cause substantial difficulties or inefficiencies in the management or functioning of the Department.

(2) For the purposes of subregulation (1), a Department is affected by an appeal where the appeal is made by an officer of that Department or relates to an office in that Department.

(3) Advice referred to in paragraph (1) (g) that is given in relation to an appeal by an officer does not affect any other appeal by the officer.