Document ID: chunk:federal_register_of_legislation:C2004A04103:body:0:p6
Version: federal_register_of_legislation:C2004A04103
Segment Type: other
Provision Reference: 
Character Range: 13237–16023

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 as if:

     (d) the member's appointment were a non-appellable promotion; and

     (e) the unsuccessful staff member or member were an unsuccessful applicant for such a promotion.

  "(5) Where:

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

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

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

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

     (d) the staff member's appointment were a non-appellable promotion; and

     (e) the unsuccessful member or staff member were an unsuccessful applicant for such a promotion.

"(6) On the cancellation of a person's appointment under section 36b, the Commissioner must appoint 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 cancelled appointment took effect.

"(7) The service of a person appointed under subsection (6) is taken to be continuous with the person's immediately preceding service.

"(8) 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 subsection (6).

"(9) This section only applies to a person who is appointed, or who applied unsuccessfully for an appointment, under section 25, 26 or 26b to a position of member or staff member if the appointment is, or would have been, equivalent to a promotion, having regard to the personnel structure of the Australian Federal Police.

  "(10) In this section:

'Agency' has the same meaning as in section 36b;

'commencing day' means the day on which section 18 of the Crimes Legislation Amendment Act 1991 commences;

'non-appellable promotion' has the same meaning as in section 36b.".

Regulations may provide for certain other terms and conditions

  19. Section 40 of the Principal Act is amended:

   (a) by inserting after paragraph (c) the following paragraph:

           "(ca) appeals by members against prescribed appointments, or prescribed promotions, of staff members in such circumstances as are prescribed, including action to be