Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 41 Promotions Appeal Boards

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 41

41. (1) For the purposes of this Division-

   (a)  the Managing Director shall, from time to time, arrange for the
        establishment of such Australian Broadcasting Corporation
        Promotions Appeal Boards as are required; and

   (b)  the Governor-General shall appoint such Chairmen of Australian
        Broadcasting Corporation Promotions Appeal Boards as are required.

(2) A Promotions Appeal Board, in relation to an appeal against a promotion to
a vacant position, or against a selection to perform temporarily the duties of
a position, shall be constituted by-

   (a)  a person who is a Chairman of Promotions Appeal Boards;

   (b)  an officer nominated by the Managing Director; and

   (c)  an officer nominated by the organization of which it is appropriate
        for a person occupying the position concerned to be a member or,
        failing such a nomination, nominated in such other manner as the rules
        provide.

(3) Subject to this section, a Chairman of Promotions Appeal Boards-

   (a)  holds office for such period as is specified in the instrument of his
        appointment and on such terms and conditions as the Governor-General
        determines; and

   (b)  is eligible for re-appointment.

(4) The Governor-General may terminate the appointment of a Chairman of
Promotions Appeal Boards by reason of misbehaviour or physical or mental
incapacity.

(5) A Chairman of Promotions Appeal Boards may resign his office by writing
signed by him delivered to the Governor-General.

(6) A Chairman of Promotions Appeal Boards shall be paid by the Corporation
such remuneration as is determined by the Remuneration Tribunal.

(7) Subject to the Remuneration Tribunals Act 1973, a Chairman of Promotions
Appeal Boards shall be paid by the Corporation such allowances as are
prescribed by the rules.

(8) An officer shall not be appointed or nominated as a member of a
Promotions Appeal Board in relation to a particular appeal or appeals if that
officer has himself been promoted to, or been selected to perform temporarily
the duties of, the position concerned or has himself appealed against the
promotion to the position or against the selection to perform temporarily the
duties of the position, as the case may be.

(9) Where a Promotions Appeal Board has been constituted for the purposes of
an appeal but, before the appeal has been finally determined, a member of the
Promotions Appeal Board ceases to be such a member or, for any other reason,
ceases to take part in consideration of the claims of the respective parties
to the appeal proceedings or in the determination of the appeal, a new
Promotions Appeal Board shall be constituted in accordance with sub-section
(2) for the purposes of the appeal and, for those purposes, the new Promotions
Appeal Board may have regard to the evidence given, the argument adduced, and
the reasons for any decision given, during the proceedings before the previous
Promotions Appeal Board.

(10) For the purposes of the determination of an appeal or of any matter
arising in the course of an appeal, where the members of the Promotions Appeal
Board do not concur in a decision relating to the determination of that appeal
or of that matter-

   (a)  if a majority of the members concur in a decision-the decision of the
        majority shall be deemed to be the decision of the
        Promotions Appeal Board; and

   (b)  in any other case-the decision of the member of the Promotions Appeal
        Board who is a Chairman of Promotions Appeal Boards shall be deemed to
        be the decision of the Promotions Appeal Board.

(11) Sittings of Promotions Appeal Boards may be held from time to time as
required at such places in Australia as are approved by the Managing Director.
(12) In this section, ''organization'' means an organization registered under
the Conciliation and Arbitration Act 1904.