Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 41

41. After section 50C of the Principal Act the following section is inserted:
Constitution of Promotion Appeal Committees

''50CA. (1) A Promotion Appeal Committee shall be constituted as prescribed.

''(2) The members of a Promotion Appeal Committee shall hold office on such
terms and conditions (including tenure of office) as are prescribed.

''(3) Where a 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
selected or nominated in accordance with regulations under sub-section (1).

''(4) Where a Committee is reconstituted pursuant to sub-section (3), the
Committee as reconstituted may, subject to sub-section (5), have regard to the
evidence given, the argument adduced and the reasons for any decision given
during the proceedings before the Committee as previously constituted.

''(5) Sub-section (4) does not apply in relation to a Committee that is
reconstituted pursuant to sub-section (3) 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.

''(6) For the purposes of the determination of an appeal or of any matter
arising in the course of an appeal, where the members of the Committee do not
concur in a decision relating to the determination of that appeal or of that
matter-

   (a)  if a majority of the members concur in a decision-the decision of the
        majority shall be deemed to be the decision of the Committee; and

   (b)  in any other case-the decision of the Chairman of the Committee shall
        be deemed to be the decision of the Committee.

''(7) Sittings of a Committee may be held from time to time as required at
such places in Australia as are approved by the Board.''.