Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A promotion of an ongoing APS employee takes effect in accordance with this regulation.
(2) If the promotion decision is not subject to review by a PRC, the promotion of the employee takes effect:
(a) either:
(i) if the promotion is notified on or after 8 August 2007 -- 4 weeks after the promotion is notified in the electronic APS Employment Gazette in accordance with regulation 3.12 ; or
(ii) if the promotion was notified before 8 August 2007 -- 4 weeks after the promotion was notified in the Gazette in accordance with regulation 3.12 of these Regulations as in force immediately before 8 August 2007; or
(b) if another date of effect is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head -- on the agreed date of effect.
(2A) For paragraph 3.8 (2) (b), the date of effect of a promotion decision must not be earlier than the date that the promotion is notified in accordance with regulation 3.12.
(3) If the promotion decision is subject to review by a PRC, the promotion of the employee takes effect in accordance with subregulation (4), (5), (5A), (5B), (5C) or (6).
(4) If no application for review by a PRC is made before the end of the application period, the promotion of the employee takes effect:
(a) 2 weeks after the end of the application period; or
(b) if another date of effect (except a date before the end of the application period) is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head -- on the agreed date of effect.
(5) If an application for review by a PRC is made before the end of the application period, and the application is withdrawn before the PRC makes a decision on the application, the promotion of the employee takes effect:
(a) 2 weeks after the Agency Head is notified of the withdrawal of the application; or
(b) if another date of effect (except a date before the end of the application period) is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head -- on the agreed date of effect.
(5A) Subregulation (5B) applies if:
(a) an application for review by a PRC is made before the end of the application period; and
(b) the Merit Protection Commissioner appoints a PRC to deal with the application; and
(c) the application lapses before the PRC makes a decision on the application.
(5B) The promotion of the employee takes effect:
(a) 2 weeks after the Agency Head is notified by the Merit Protection Commissioner that the application has lapsed; or
(b) if another date of effect is agreed between:
(i) the employee; and
(ii) the Agency Head; and
(iii) if the employee is moving from another Agency, the current Agency Head --
on the agreed date of effect.
(5C) If an application for review by a PRC is made before the end of the application period, and the Merit Protection Commissioner decides under subregulation 5.10 (1) that it is not necessary to appoint a PRC to deal with the application, the promotion of the employee takes effect:
(a) either:
(i) if the promotion is notified on or after 8 August 2007 -- 4 weeks after the promotion is notified in the electronic APS Employment Gazette in accordance with regulation 3.12; or
(ii) if the promotion was notified before 8 August 2007 -- 4 weeks after the promotion was notified in the Gazette in accordance with regulation 3.12 of these Regulations as in force immediately before 8 August 2007; or
(b) if another date of effect is agreed between:
(i) the employee; and
(ii) the Agency Head; and
(iii) if the employee is moving from another Agency, the current Agency Head --
on the agreed date of effect.
(6) If an application for review by a PRC is made before the end of the application period and not withdrawn, the promotion of the employee takes effect in accordance with the review decision:
(a) 4 weeks after the Agency Head is notified of the review decision; or
(b) if another date of effect is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head -- on the agreed date of effect.
(7) In this regulation:
"application period" means the period in which an application for review of a promotion decision may be made (including any extension of that period).
Note Division 5.2 provides for review of certain APS promotion decisions by a PRC.