POSTAL AND TELECOMMUNICATIONS COMMISSIONS (TRANSITIONAL PROVISIONS) ACT 1975 - SECT 19 Appeals against promotions

POSTAL AND TELECOMMUNICATIONS COMMISSIONS (TRANSITIONAL PROVISIONS) ACT 1975 - SECT 19

  (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 relation to the Australian Postal Commission--a reference to section   54 of the Postal Services Act 1975 ; and

  (ii)   in relation to a declaration that a promotion is to have effect in relation to the Australian Telecommunications Commission--a reference to section   51 of the Telecommunications Act 1975 ;

  (b)   a reference to the corresponding position in the Service of the Australian Postal Commission or of the Australian Telecommunications Commission, in relation to an office in the Postmaster - General's Department, is a reference to a position determined by the Australian Postal Commission or the Australian Telecommunications Commission, as the case may be, being a position the duties of which are the same or substantially the same as the duties of that office or position and which has a classification equivalent to the classification of that office or position; and

  (c)   a reference to the effective date, in relation to the promotion of a person to fill a vacancy in an office in the Postmaster - General's Department, is a reference to the date on which the person was promoted to fill the vacancy.