Document ID: chunk:federal_register_of_legislation:F2024C01251:reg:42b
Version: federal_register_of_legislation:F2024C01251
Segment Type: reg
Provision Reference: reg 42B
Character Range: 61524–63079

42B  When promotion decisions take effect—failure to notify decision
 (1) This section applies if:
 (a) a decision is taken to promote an ongoing APS employee; and
 (b) the promotion decision had not been notified in accordance with section 40 by the relevant Agency Head because of an error or omission.
 (2) The Agency Head must as soon as practical after identifying the error or omission:
 (a) notify the decision in accordance with section 40 (disregarding the requirements in subsections 40(2) and (3)); and
 (b) if the notification relates to a promotion that is subject to PRC review—notify all parties eligible to seek review of the promotion of their rights to review.
 (3) If the promotion decision is not subject to PRC review, the decision is taken to take effect on the day that had been agreed between the parties as the day the promotion was to take effect.
 (4) If the promotion decision is subject to PRC review, the decision is taken to take effect on:
 (a) if a circumstance mentioned in items 1 to 5 of column 1 of the table in subsection 42(3) applies in relation to the decision—the day that had been agreed between the parties as the day that the promotion was to take effect; or
 (b) if an application for review is made and the PRC varies the promotion decision—the earlier of the following:
 (i) 4 weeks after the day the Agency Head is notified of the PRC's decision;
 (ii) a date that has been agreed by the relevant parties and is after the Agency Head is notified of the PRC's decision.

Division 3—Engagement on probation