Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p19
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 47698–50493

has or have appealed.
"(2) For the purpose of forming an opinion as to the most efficient of the officers concerned, the Committee shall have regard to—
     (a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the Committee considers that those matters are relevant to the performance of the duties of the office; and
     (b) if and only if the Secretary who made the promotion has indicated that, for the purpose of forming an opinion under section 50a, the Secretary 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 offices in the Department of the same or equal classification—that matter.
"(3) A reference in sub-section (2) to the abilities, qualifications, experience, standard of work performance, personal qualities, potential for further career development in the Service, or ability to perform the duties of other offices in a Department is, in relation to an officer who is a returned soldier or who is or has been absent on specified defence service, a reference to 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 offices concerned that, in the opinion of the Committee, the officer would have had but for the absence of the officer on active service or on specified defence service.
"(4) Where the Committee has formed an opinion as to the most efficient of the officers concerned, the Committee shall—
     (a) unless paragraph (b) applies—allow or disallow the appeal or appeals so as to give effect to its opinion; or
     (b) if the Committee has also formed the opinion that none of the officers concerned is capable of efficiently performing the duties of the office—disallow the appeal or appeals and cancel the promotion.
"(5) Where an appeal against a promotion is allowed—
     (a) the promotion is, by force of this sub-section, cancelled; and
     (b) the officer whose appeal is allowed is, by force of this sub-section, promoted to the office.
"(6) Where a promotion is cancelled under sub-section (4) or by force of sub-section (5), or an officer is promoted to an office by force of sub-section (5), the relevant Secretary shall cause notification of the cancellation, or of the promotion, to be given in the Gazette.

Review of non-appellable promotion decisions by Merit Protection and Review Agency
"50daa. (1) An officer who applied unsuccessfully for a non-appellable promotion may, within the prescribed period, apply to the Agency for review of the promotion on the ground that it would be unreasonable for the promotion to stand because