Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 42 Determination of appeals

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 42

42. (1) Upon an appeal or appeals being made under section 39 against the
promotion of an officer or an appeal or appeals being made under rules made
for the purposes of section 40 against the selection of an officer to perform
temporarily the duties of a position of a classification higher than the
classification of the position occupied by him or the classification
applicable to him, a Promotions Appeal Board shall make full inquiries into
the claims of each party to the appeal proceedings.

(2) In making inquiries into the claims of each party to the appeal
proceedings, the Promotions Appeal Board-

   (a)  may follow such procedures as it thinks fit; and

   (b)  is not bound by the rules of evidence and may inform itself in such
        manner as it thinks fit.

(3) On the completion of its inquiries into the claims of each party to the
appeal proceedings, a Promotions Appeal Board shall-

   (a)  if there is one appellant-allow or disallow the appeal; or

   (b)  if there are 2 or more appellants-allow the appeal of one only of the
        appellants or disallow the appeals.

(4) Where, in respect of a promotion, an appeal is allowed under sub-section
(3), the Managing Director shall cancel that promotion and promote to the
vacant position the appellant whose appeal has been allowed.

(5) Where, in respect of the selection of an officer to perform temporarily
the duties of a position, an appeal is allowed under sub-section (3), the
Managing Director shall cancel that selection and select for the temporary
performance of the duties of the position the appellant whose appeal has been
allowed.