Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 21

21. Before section 33 of the Principal Act the following section is inserted
in Subdivision A of Division 4 of Part III: Interpretation

''33AAA. (1) In this Division, unless the contrary intention appears-

'Committee' means a Promotion Appeal Committee;

'prescribed day' means-

   (a)  in relation to a promotion of an officer under section 49B, 50 or
        50DA-the later of-

        (i)    a day ascertained in accordance with the regulations, being a
               day occurring not earlier than the day on which the promotion
               is notified in the Gazette; and

        (ii)   the day on which the office to which the officer is promoted
               becomes vacant; and

   (b)  in relation to a transfer of an officer under section 49, 50 or
        50DA-the later of-

        (i)    a day ascertained in accordance with the regulations, being a
               day occurring not earlier than the day on which the officer is
               given notice of the transfer under sub-section 49 (4), 50 (5A)
               or 50DA (8), as the case requires; and

        (ii)   the day on which the office to which the officer is transferred
               becomes vacant;

'promotion', in relation to an officer, means a movement of the officer within
the Service for the purpose of his holding an office in respect of which a
rate of salary is payable, or a maximum rate of salary is applicable, that is
higher than the rate of salary that was payable, or the maximum rate of salary
that was applicable, as the case may be, in respect of the office held by him,
or, in the case of an unattached officer, to or in respect of him, immediately
before the movement took place;

'Promotion Appeal Committee' means a Promotion Appeal Committee established
under section 50C.

''(2) In this Division, unless the contrary intention appears, a reference to
a vacant office includes a reference to an office that is expected to become
vacant and a reference to a vacancy includes a reference to a vacancy that is
expected to occur.

''(3) In this Division, a reference to the determination of an appeal against
the promotion of an officer is a reference to the allowing or disallowing of
the appeal under section 50D.

''(4) For the purposes of this Division, an appeal shall be taken to become
inoperative if-

   (a)  the appeal is withdrawn;

   (b)  the appeal lapses by virtue of section 50F or 50G;

   (c)  the appellant or the officer against whose promotion the appeal was
        made ceases to be an officer, otherwise than by virtue of his becoming
        a person to whom Division 3 of Part IV applies;

   (d)  the appellant or the officer against whose promotion the appeal was
        made ceases, by reason of his promotion to another office having taken
        effect or for any other reason, to be eligible for promotion to the
        office concerned;

   (e)  the officer against whose promotion the appeal was made is granted
        permission by the Board under section 52 to decline the promotion; or

   (f)  the promotion against which the appeal was made ceases to have effect
        under sub-section 50E (7) or section 50EA.

''(5) For the purposes of this Division, the parties to particular appeal
proceedings are the officer promoted under section 50 and the appellant or
appellants.''.