Document ID: chunk:federal_register_of_legislation:C2004A04103:body:0:p5
Version: federal_register_of_legislation:C2004A04103
Segment Type: other
Provision Reference: 
Character Range: 10825–13476

for all purposes, be treated as having held the position to which he or she was promoted during the period beginning when the promotion took effect and ending when it was cancelled; and

     (b) on the cancellation, the Commissioner must transfer the person to a position of member or staff member, as the case requires, within a rank or at a level that is the same as, or equivalent to the position and rank or level held by the person immediately before the promotion took effect.

"(8a) The Commissioner must create a position, or make a new determination under section 24, if it is necessary to do so in order to comply with paragraph (8) (b) in a particular case.".

18. After section 36b of the Principal Act the following section is inserted:

Review by Merit Protection and Review Agency in certain other cases

"36c. (1) This section has effect where, whether before, on or after the commencing day, a position of member within a prescribed rank and a corresponding position of staff member at a prescribed level are advertised.

  "(2) Where:

     (a) a member is, on or after the commencing day, promoted to the position of member under section 25 or 26; and

  (b) the promotion is a non-appellable promotion; and

     (c) the position of staff member is not filled as a result of the promotion;

a staff member who applied unsuccessfully for either position may apply to the Agency under section 36b for a review of the member's promotion and that section has effect as if the staff member had applied unsuccessfully for the non-appellable promotion.

  "(3) Where:

     (a) a staff member is, on or after that day, promoted to the position of staff member under section 26b; and

  (b) the promotion is a non-appellable promotion; and

  (c) the position of member is not filled as a result of the promotion;

a member who applied unsuccessfully for either position may apply to the Agency under section 36b for a review of the staff member's

promotion and that section has effect as if the member had applied unsuccessfully for the non-appellable promotion.

  "(4) Where:

     (a) a promotion under section 25, 26 or 26b to one of those positions would be a non-appellable promotion; and

     (b) a member is, on or after the commencing day, appointed under section 26b to the position of staff member, and

     (c) the position of member is not filled as a result of that appointment;

a staff member or member who applied unsuccessfully for either position may apply to the Agency under section 36b for review of the member's appointment and that section (other than paragraph 36b (8) (b) and subsection 36b (8a)) has effect