Regulation 38 of the Principal Regulations is rescinded and the following regulation is substituted:

38.     Timeframes in relation to reviews under section 50(1)(b) of Act

(1)  An application by an employee for a review of the appointment of a person without advertising, in accordance with a determination of the Employer under section 39(1) of the Act, is to be lodged with the Tasmanian Industrial Commission within 14 days after the employee knew, or reasonably ought to have known, of the appointment of the person.

(2)  An application for a review of the promotion of a permanent employee without advertising, in accordance with the intention of the Head of Agency as notified in the Gazette under section 40(2) of the Act, is to be lodged with the Tasmanian Industrial Commission within 14 days after the date that the intention was so notified in the Gazette .

(3)  An application for a review of a State Service action, other than an action that may be the subject of an application for a review under subregulation (1) or (2) , is to be made within 14 days from the date of the occurrence of the event that gave rise to the making of the application.

(4)  For the purposes of this regulation, a timeframe specified in this regulation is to be calculated exclusive of any public holidays in the relevant part of the State that may fall within that timeframe.

(5)  In this regulation –

application for review means an application for review under section 50(1)(b) of the Act.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 25 December 2013

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the State Service Regulations 2011 by –

(a) conferring the power to determine certain matters on the Employer under the Act rather than the Minister; and

(b) clarifying the timeframes that apply in certain circumstances.