70Effect of not acting in accordance with ISAC recommendation

#### 70 Effect of not acting in accordance with ISAC recommendation (1) If, instead of acting in accordance with an ISAC recommendation of a candidate in respect of an employment opportunity, an Agency Head promotes an ongoing APS employee, or engages a Parliamentary Service employee, to the relevant employment, the promotion decision or engagement decision is subject to review under Division 2 of Part 4 of this instrument. (2) However, subsection (1) does not apply if: (a) after the ISAC has made its recommendation: (i) the candidate is found to have breached the Code of Conduct, and the Agency Head believes that the candidate is no longer suitable for the employment opportunity; or (ii) the candidate has lost a qualification that is essential for the candidate’s suitability for the employment opportunity; and (b) the Agency Head has consulted with the Merit Protection Commissioner about the candidate; and (c) the Agency Head acts in accordance with the recommendation of the ISAC in relation to the next suitable candidate. Note: For the purposes of subparagraph (a)(ii), an example is the loss of a security clearance. (3) The notice of the promotion or engagement published in the Public Service Gazette must state that the promotion decision or engagement decision is subject to review under Division 2 of Part 4.