Document ID: chunk:federal_register_of_legislation:C2004C02964:section:29:p1
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 29 (pt 1/2)
Character Range: 25013–27765

29  Appeals against promotions
 (1) The promotion under section 27 of an officer to a vacant position:
 (a) is provisional and without increased salary pending confirmation of the promotion;
 (b) shall be made known to the officers as prescribed; and
 (c) is subject to appeal as provided by this section.
 (2) Subject to subsection (3), an officer who considers that he or she should have been promoted to a vacant position in preference to the officer provisionally promoted may appeal against the provisional promotion.
 (3) Except in prescribed circumstances, an officer is not entitled to appeal against the promotion of another officer to a particular position unless the officer applied for promotion to that position.
 (3A) The only ground of appeal under subsection (2) shall be the greater efficiency of the officer making the appeal.
 (3B) Where an appeal or appeals are made under subsection (2) in respect of a promotion, a Promotions Appeal Board specified by the relevant authority shall make such inquiries as it considers necessary to enable it to form an opinion as to the more or most efficient of the officers concerned, namely the officer promoted and the officer or officers who have appealed.
 (3C) For the purpose of forming an opinion as to the more or most efficient of the officers concerned, the Promotions Appeal Board shall have regard to:
 (a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Board considers that those matters are relevant to the performance of the duties of the position; and
 (b) if and only if the relevant authority who made the promotion has indicated that, for the purpose of forming an opinion under section 28, the relevant authority had regard to the potential of officers for further career development in the Service, or the ability of officers to perform the duties of other positions of the same or equal classification in the component of the Service in relation to which the authority is the relevant authority‑that matter.
 (3D) For the purposes of subsection (3C), an officer who is a returned soldier or who is or has been absent on specified defence service shall be treated as having the abilities, qualifications, experience, standard of work performance, personal qualities, potential for future career development in the Service, or ability to perform the duties of the positions concerned that, in the opinion of the Promotions Appeal Board, the officer would have had but for the absence of the officer on active service or on specified defence service.
 (3E) Where the Promotions Appeal Board has formed an opinion as to the more or most efficient of the officers concerned, the Board shall: