Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p18
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 45140–47957

personal qualities of each officer, to the extent that the Secretary considers that those matters are relevant to the performance of the duties of the office; and
     (b) the potential of each officer for further career development in the Service, and the ability of each officer to perform the duties of other offices in the Department of the same or equal classification, to the extent (if any) that the Secretary considers that those matters are relevant to the selection of an officer to hold the office.
"(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 Secretary, the officer would have had but for the absence of the officer on active service or on specified defence service.".
(2) Notwithstanding the repeal made by sub-section (1), section 50a of the Principal Act continues to apply in relation to—
     (a) the filling of a vacancy notified in the Gazette before the commencement of this section; and
     (b) the filling of a vacancy that was not notified in the Gazette, where the interviewing of applicants for promotion or transfer to the vacant office began before the commencement of this section.

Appeals
40. Section 50b of the Principal Act is amended—
     (a) by inserting in sub-section (1) ", subject to sub-sections (1a) and (1b)," after "may"; and
     (b) by inserting after sub-section (1) the following sub-sections:
    "(1a) Except in prescribed circumstances, an officer is not entitled to appeal against a particular promotion unless the officer applied for that promotion.
    "(1b) An officer is not entitled to appeal against a non-appellable promotion.".

41. (1) Sections 50d, 50da, 50e, 50ea and 50eb of the Principal Act are repealed and the following sections are substituted:

Determination of appeals
"50d. (1) Where an appeal is or appeals are made under section 50b in respect of a promotion, the Committee shall form an opinion as to the most efficient of the officers concerned, namely the officer promoted and the officer or officers who 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