Commonwealth Consolidated Regulations

PUBLIC SERVICE REGULATIONS 2023 - REG 35

Application for review by APS employee

  (1)   If an application for review of a promotion decision or an engagement decision was made by an APS employee and a PRC conducts a review of the decision under section   33, the decision of the PRC under subsection   33(2) is binding on the Agency Head of the responsible Agency.

  (2)   The decision of a PRC is not affected by:

  (a)   a defect in the nomination of a member of the PRC; or

  (b)   a failure to comply with instructions issued under section   30.

  (3)   If the PRC decides that the applicant for review should be promoted to the relevant employment, the applicant is taken to have been promoted to the relevant employment.

Note:   See Part   4 of the Commissioner's Directions in relation to the date of effect of a decision to promote an ongoing APS employee if the decision is subject to PRC review.

Application for review by Parliamentary Service employee

  (4)   If an application for review of a promotion decision or an engagement decision was made by a Parliamentary Service employee and a PRC conducts a review of the decision under section   33, the recommendation of the PRC under subsection   33(3) is not binding on the Agency Head of the responsible Agency.

  (5)   The recommendation of a PRC is not affected by:

  (a)   a defect in the nomination of a member of the PRC; or

  (b)   a failure to comply with instructions issued under section   30.

  (6)   If the PRC recommends that the applicant for the review should be engaged to the relevant employment, the Agency Head must, as soon as practicable after being informed of the recommendation:

  (a)   consider the recommendation; and

  (b)   make a decision about the recommendation; and

  (c)   inform the following persons, in writing, of the decision and the reasons for the decision:

  (i)   the applicant for the review;

  (ii)   the Merit Protection Commissioner;

  (iii)   if the review is of a promotion decision--the person promoted.

  (7)   Before the Agency Head decides to act otherwise than in accordance with the recommendation, the Agency Head must seek the views of:

  (a)   the applicant for the review; and

  (b)   if the review is of a promotion decision--the person promoted;

about the decision the Agency Head proposes to make about the recommendation.

Note:   See Part   4 of the Commissioner's Directions in relation to the date of effect of a decision to engage an ongoing Parliamentary Service employee as an APS employee at a higher classification than the employee's classification as an ongoing Parliamentary Service employee if the decision is subject to PRC review.