Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If the engagement of an ongoing Parliamentary Service employee as an ongoing APS employee is not subject to review by a PRC, the engagement takes effect:
(a) either:
(i) if the engagement decision is notified on or after 8 August 2007 -- 4 weeks after the decision is notified in the electronic APS Employment Gazette in accordance with regulation 3.12; or
(ii) if the engagement decision was notified before 8 August 2007 -- 4 weeks after the decision 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 a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head -- on the agreed date of effect.
(2) If the engagement of an ongoing Parliamentary Service employee as an ongoing APS employee is subject to review by a PRC, the engagement takes effect in accordance with the following table.
|
Item |
Is an application for review made before the end of the application period? |
Engagement takes effect |
|
1 |
No |
Either: (a) 2 weeks after the end of the application period; or |
|
|
|
(b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head -- on the agreed date of effect. |
|
2 |
Yes Application is withdrawn before the PRC makes a decision on the application |
Either: (a) 2 weeks after the Agency Head is notified of the withdrawal; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head -- on the agreed date of effect. |
|
3 |
Yes Merit Protection Commissioner appoints a PRC to deal with the application Application lapses before the PRC makes a decision on the application |
Either: (a) 2 weeks after the Agency Head is notified by the Merit Protection Commissioner that the application has lapsed; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head -- on the agreed date of effect. |
|
4 |
Yes Merit Protection Commissioner decides under subregulation 5.10 (1) that it is not necessary to appoint a PRC to deal with the application |
Either: (a) if the engagement decision is notified on or after 8 August 2007 -- 4 weeks after the decision is notified in the electronic APS Employment Gazette in accordance with regulation 3.12; or (b) if the engagement decision was notified before 8 August 2007 -- 4 weeks after the decision was notified in the Gazette in accordance with regulation 3.12 of these Regulations as in force immediately before 8 August 2007; or (c) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head -- on the agreed date of effect. |
|
5 |
Yes Under regulation 5.18, PRC does not uphold the application in relation to the engagement of the ongoing Parliamentary Service employee |
Either: (a) 2 weeks after the ongoing Parliamentary Service employee is notified of the decision; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head -- on the agreed date of effect. |
|
6 |
Yes Under regulation 5.18, PRC upholds the application in relation to the engagement of the ongoing Parliamentary Service employee |
The engagement of the Parliamentary Service employee whose application is upheld commences in accordance with the terms of the offer of employment made under section 22 of the Act Note See subregulation 5.20 (4). |
(3) In this regulation:
application period means the period in which an application for review of an engagement decision may be made (including any extension of that period).
Note 1 Paragraph 3.12 (1) (l) provides further information about the notification of the engagement decision if the engagement is at a higher classification than the person's classification as an ongoing Parliamentary Service employee.
Note 2 Division 5.2 provides for review, by a PRC, of an engagement decision where the engagement is at a higher classification than the person's classification as an ongoing Parliamentary Service employee.
Note 3 See the definition of higher , for a classification, in the Dictionary.