Document ID: chunk:federal_register_of_legislation:C2014C00581:section:19:p1
Version: federal_register_of_legislation:C2014C00581
Segment Type: section
Provision Reference: s 19 (pt 1/2)
Character Range: 24638–27292

19  Appeals against promotions
 (1) Where a person was promoted to fill a vacancy in an office in the Postmaster‑General's Department before the commencing day but the promotion had not been completed before that day, the Minister shall, after taking into consideration any advice furnished to him or her by the Australian Postal Commission and any advice furnished to him or her by the Australian Telecommunications Commission, declare whether the promotion is to have effect in relation to the Australian Postal Commission or the Australian Telecommunications Commission.
 (2) Where the Minister declares that a promotion is to have effect in relation to a Commission referred to in subsection (1):
 (a) the relevant section applies, in accordance with paragraph (b), to and in relation to the promotion as if the person had, on the effective date, been promoted by that Commission to fill the corresponding position in the Service of that Commission; and
 (b) in the application of paragraph (a) and the relevant section to and in relation to the promotion:
 (i) the corresponding position in the Service of that Commission shall be deemed to have been in existence, and to have been vacant, on the effective date;
 (ii) any action taken in connexion with the promotion before the commencing day has effect as if it had been taken in relation to the promotion of the person to fill the corresponding position in the Service of that Commission;
 (iii) if the commencing day is less than 22 days after the effective date in relation to the promotion—an officer of the Australian Public Service who, immediately before the commencing day, was entitled to appeal against the promotion but has not done so may appeal against the promotion as if he or she were an officer in the Service of that Commission;
 (iv) if that Commission would be required to promote a person who would not, but for this paragraph, be an officer in the Service of that Commission, or to confirm the provisional promotion of such a person, that person shall be deemed to have been appointed by that Commission to be an officer in the Service of that Commission on the effective date; and
 (v) the seniority of an officer of the Australian Public Service shall be determined as prescribed by the By‑laws made by that Commission.
 (3) For the purposes of this section, the promotion of an officer to fill a vacancy in an office in the Postmaster‑General's Department shall be taken not to be completed if it has not been confirmed or cancelled.
 (4) In this section:
 (a) a reference to the relevant section is:
 (i) in relation to a declaration that a promotion is to have effect in