Commonwealth Numbered Regulations Commonwealth Numbered RegulationsApplication 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.