New South Wales Consolidated Acts New South Wales Consolidated ActsSubject to and in accordance with this Part:
(a) an employee, being an officer within the meaning of the Public Sector Employment and Management Act 2002 , may appeal to the Tribunal against a decision of an employer, being a Department Head within the meaning of that Act, to appoint or recommend the appointment of another such officer to fill a vacant office, and
(a1) an employee, being a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service other than a Department, may appeal to the Tribunal against a decision of the employee’s employer (being the appropriate Division Head within the meaning of that Act) to appoint or recommend the appointment of another employee in that Division to fill a vacant office in that Division, and
(a2) an employee, being a member of the NSW Health Service employed in or in connection with a public health organisation or other division of that Service, may appeal to the Tribunal against a decision of the employee’s employer (being the Director-General of the Department of Health) to appoint or recommend the appointment of another employee employed in or in connection with that organisation or division to fill a vacant office in or in connection with that public health organisation or division, and
(b) an employee, not being an officer referred to in paragraph (a), (a1) or (a2), may appeal to the Tribunal against a decision of the employee’s employer to appoint or recommend the appointment of another employee of that employer to fill a vacant office,on the ground that the appellant is, having regard to the provisions of any Act, statutory instrument, industrial award or agreement or any advertisement published in good faith in relation to the vacant office, being an Act, statutory instrument, industrial award or agreement or advertisement which is required to be applied or taken into consideration by the employer in respect of an appointment to the vacant office, more entitled to be appointed to the vacant office than the employee in whose favour the decision was made.