Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:79
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 79
Character Range: 109281–111873

79  Effect of PRC decision or PRC recommendation

Application for review by a Parliamentary Service employee
 (1) If an application for review of a promotion decision or an engagement decision was made by a Parliamentary Service employee and a PRC conducts a review of the decision under section 77, the decision of the PRC under subsection 77(2) is binding on the relevant Secretary.
 (2) The decision of a PRC is not affected by:
 (a) a defect in the nomination of a member of the PRC; or
 (b) a failure to comply with instructions issued under section 74.
 (3) If the PRC decides that the applicant for review should be promoted to the relevant employment, the applicant is taken to have been promoted to the relevant employment.
Note: See section 45 in relation to the date of effect of a decision to promote an ongoing Parliamentary Service employee if the decision is subject to PRC review.

Application for review by an APS employee
 (4) If an application for review of a promotion decision or an engagement decision was made by an APS employee and a PRC conducts a review of the decision under section 77, the recommendation of the PRC under subsection 77(3) is not binding on the relevant Secretary.
 (5) The recommendation of a PRC is not affected by:
 (a) a defect in the nomination of a member of the PRC; or
 (b) a failure to comply with instructions issued under section 74.
 (6) If the PRC recommends that the applicant for the review should be engaged to the relevant employment, the Secretary must, as soon as practicable after being informed of the recommendation:
 (a) consider the recommendation; and
 (b) make a decision about the recommendation; and
 (c) inform the following persons, in writing, of the decision and the reasons for the decision:
 (i) the applicant for the review;
 (ii) the Merit Protection Commissioner;
 (iii) if the review is of a promotion decision—the person promoted.
 (7) Before the Secretary decides to act otherwise than in accordance with the recommendation, the Secretary must seek the views of:
 (a) the applicant for the review; and
 (b) if the review is of a promotion decision—the person promoted;
about the decision the Secretary proposes to make about the recommendation.
Note: See section 45 in relation to the date of effect of a decision to engage an ongoing APS employee as a Parliamentary Service employee at a higher classification than the employee's classification as an ongoing APS employee if the decision is subject to PRC review.

Division 3—Review of other Parliamentary Service actions

Subdivision A—Reviewable actions