Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p45
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 114239–117098

omitting from sub-section (1) the definition of "Chief Officer"; and
     (b) by inserting after the definition of "Public Service Board" in sub-section (1) the following definition:
         " 'relevant Secretary' has the same meaning as in the Public Service Act 1922;".

Functions of Agency
105. Section 6 of the Principal Act is amended—
     (a) by omitting from paragraph (d) "and"; and
     (b) by adding at the end the following word and paragraph:
         "; and (f) to review promotions in accordance with section 50daa of the Public Service Act 1922".

Promotion Appeal Committees
106. Section 9 of the Principal Act is amended—
     (a) by inserting in paragraph (a) "or 50h" after "section 50b"; and
     (b) by omitting from paragraph (b) "the classification of the office held by the officer" and substituting "the officer's classification".

Constitution of Promotion Appeal Committees
107. (1) Section 10 of the Principal Act is amended by omitting paragraph (1) (a) and substituting the following paragraph:
     "(a) a Convenor nominated by the Agency;".
(2) A Promotion Appeal Committee constituted, before the commencement of this section, for the purpose of an appeal that had not been disposed of before that commencement shall continue to deal with, and shall determine, that appeal as if the amendments made by sub-section (1) and section 108 had not been made.

Split decision
108. Section 13 of the Principal Act is amended by omitting "Chairman" and substituting "Convenor".

109. After section 15 of the Principal Act the following section is inserted in Subdivision B of Division 2 of Part II:

Frivolous or vexatious appeals, &c.
"15a. (1) A Promotion Appeal Committee shall refuse to consider or further consider an appeal if each member of the Committee is satisfied that the appeal is frivolous or vexatious or was not made in good faith.

"(2) Where a Promotion Appeal Committee refuses to consider or further consider an appeal, the appeal shall thereupon be deemed to have been withdrawn.".

Constitution of Disciplinary Appeal Committees
110. (1) Section 17 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-section:
    "(1) A Disciplinary Appeal Committee established for the purpose of an appeal under section 63d, 63f or 63p of the Public Service Act 1922, or of a request under section 63g of that Act, shall be constituted by—
         (a) a Convenor nominated by the Agency;
         (b) a person nominated by the relevant Secretary in relation to the person who appealed or made the request; and
         (c) a person nominated by the organisation that is, as provided by the regulations, the appropriate organisation or, in the absence of such a nomination, nominated in such other manner as the regulations provide.";
     (b) by omitting from sub-section