Commonwealth Numbered Acts

MERIT PROTECTION (AUSTRALIAN GOVERNMENT EMPLOYEES) ACT 1984 No. 65, 1984 - SECT 12

12. (1) Where a Promotion Appeal Committee has been constituted for the
purposes of an appeal but, before the appeal has been finally determined by
the Committee, a member or members of the Committee ceases or cease to be such
a member or members or, for any other reason, ceases or cease to take part in
consideration of the claims of the respective parties to the appeal
proceedings or in the determination of the appeal, the Committee shall be
reconstituted by the remaining member or members (if any) and another member
or other members appointed or nominated in accordance with sub-section 10 (1).

(2) Where a Promotion Appeal Committee is reconstituted pursuant to
sub-section (1), the Committee as reconstituted may, subject to sub-section
(3), have regard to the evidence given, the arguments adduced and the reasons
for any decision given during the proceedings before the Committee as
previously constituted.

(3) Sub-section (2) does not apply in relation to a Promotion Appeal Committee
that is reconstituted pursuant to sub-section (1) unless-

   (a)  2 of the members of the Committee as reconstituted were members of the
        Committee as previously constituted; or

   (b)  the parties to the appeal proceedings agree that the sub-section is to
        apply.

(4) For the purposes of this section, the parties to particular appeal
proceedings are the officer promoted or selected and the appellant or
appellants.