TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 51 Appeals against promotions.

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 51

51. (1) The promotion of an officer to a vacant position-

   (a)  is provisional and without increased salary pending confirmation of
        the promotion;

   (b)  shall be made known to officers in a manner prescribed by the By-laws;
        and

   (c)  is subject to appeal as provided by this section.

(2) An officer who considers that he should have been promoted to a vacant
position in preference to the officer provisionally promoted may appeal, in
the manner specified in the regulations, against the provisional promotion-

   (a)  on the ground of superior efficiency or of equal efficiency and
        seniority; or

   (b)  if sub-section 47 (2) applies in relation to the position-on the
        ground that he is senior to the officer provisionally promoted and is
        efficient.

(3) The Commission may regard an appeal as having been made under this Act on
a ground specified in sub-section (2) by an officer who, at any time within
the time prescribed by the regulations for lodging an appeal, is absent from
Australia on official duty or is absent from duty in circumstances prescribed
by the regulations and in such a case this section has effect as if an appeal
on that ground had been received from that officer and as if that officer had
been, at the date of the appeal, performing his duties in the State or
Territory in which, immediately before his departure from Australia on
official duty or his absence from duty in circumstances prescribed by the
regulations, as the case may be, he was performing his duties.

(4) Upon an appeal or appeals being made against a provisional promotion, a
Promotions Appeal Board shall make a full inquiry into the claims of the
appellant or appellants and the claims of the officer provisionally promoted
and determine the appeal or appeals.

(5) The regulations may make provision for and in relation to the conduct of
inquiries by Promotions Appeal Boards, including provisions 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.

(6) Where an appeal is allowed, the Commission shall cancel the provisional
promotion and promote the appellant to the vacant position.

(7) Where there are 2 or more appellants in respect of the one promotion, 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 having regard to the
provisions of sub-section 47 (1), or sub-section 47 (2), whichever is
applicable in relation to the position.

(8) Where, in respect of a provisional promotion, no appeal is duly made or 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 provisional promotion.

(9) If, after notification has been made of a provisional promotion to a
vacant position but before the promotion has been confirmed, the Commission is
satisfied that the position is unnecessary or could be filled by the transfer
of an excess officer, or that the notification or further notification of the
vacancy in the position is desirable, the Commission may cancel the
provisional promotion.

(10) The Commission may cancel a provisional promotion in accordance with
sub-section (9) whether or not there has been an appeal against the
provisional promotion, and, where the Commission so cancels a provisional
promotion, any appeals in respect of the promotion shall be discontinued.

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

   (a)  the appeal is withdrawn;

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

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