Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 40

40. (1) An employee who considers that -

   (a)  he should have been promoted to a vacant position in the Railway
Service in preference to an employee promoted to that position; or

   (b)  he should have been directed temporarily to perform the duties of a
        position having a higher classification than the position held by him
        in preference to the employee directed temporarily to perform those
        duties, may appeal against the promotion or direction, as the case may
        be.

(2) Sub-section (1) does not authorize an employee to appeal against a
direction that another employee temporarily perform the duties of a position
for a period that does not exceed 1 month.

(3) Upon an appeal or appeals being made against a promotion to a vacant
position or against a direction temporarily to perform the duties of a
position, a Promotions Appeal Board shall make a full inquiry into the claims
of the appellant or appellants and into the claims of the employee promoted to
the vacant position or of the employee directed temporarily to perform the
duties of the position, as the case may be, and determine the appeal or
appeals.

(4) The by-laws may make provision for and in relation to the grounds on
which, the manner in which, and the time within which, an appeal may be made
under this section and for and in relation to the conduct of inquiries by
Promotions Appeal Boards, including provision for a Promotions Appeal Board to
act as a central Promotions Appeal Board to determine an appeal, in a case
where all the parties to the appeal do not perform their duties in the same
State or Territory, after examining reports made to it by 2 or more other
Promotions Appeal Boards and making such further inquiries (if any) as it
thinks necessary into the claims of all the parties to the appeal.

(5) Where an appeal is allowed, the Commission shall -

   (a)  in the case of an appeal against a promotion to a vacant
position - cancel the promotion and promote the appellant to the
vacant position; or

   (b)  in the case of an appeal against a direction temporarily to perform
        the
duties of a position - cancel the direction and direct the appellant
temporarily to perform the duties of the position.

(6) Where there are 2 or more appellants in respect of one promotion to a
vacant position or one direction temporarily to perform the duties of a
position, the Promotions Appeal Board determining the appeals shall, if it
considers that 2 or more appellants have established the grounds of their
appeals, allow the appeal of 1 only of those appellants, being the appellant
whom it considers to have the best claim to promotion to the vacant position
or to the direction temporarily to perform the duties of the position, as the
case may be.

(7) Where, in respect of a promotion or a direction, an appeal has, or appeals
have, been duly made but the appeal or each of the appeals has been disallowed
or has become inoperative, the Commission shall confirm the promotion or the
direction appealed against.

(8) For the purposes of this section, an appeal shall be taken to have become
inoperative if -

   (a)  the appeal is withdrawn;

   (b)  the appellant ceases to be an employee; or

   (c)  the appellant ceases, by reason of the confirmation of his promotion
        to another position or for any other reason -

        (i)    in the case of an appeal against a promotion to a vacant
position - to be eligible for promotion to that position; or

        (ii)   in the case of an appeal against a direction temporarily to
perform the duties of a postion - to be eligble to be directed
temporarily to perform those duties.