New South Wales Consolidated Acts

GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 - SECT 21

21 Excluded circumstances

(1) An employee is not entitled to appeal under section 20 in respect of the decision of an employer relating to a vacant office:

(a) if the appointment to the vacant office is not a permanent appointment,

(b) if the vacant office is an office specified in Schedule 1, 2 or 3 to the Statutory and Other Offices Remuneration Act 1975 ,

(c) if the vacant office is a Department Head position in the Public Service,

(d) if the maximum salary applicable to the vacant office at the date of the decision of the employer exceeds:

(i) except as provided in subparagraph (ii)-the amount equal to the maximum salary applicable to a clerk’s position graded 12 in the Public Service, or

(ii) where another amount is prescribed-that other amount,

(e) unless the maximum salary applicable to the vacant office is greater than the salary paid, at the date of the decision of the employer, to the appellant in relation to the office held by the appellant at that date,

(f) unless the maximum salary applicable to the vacant office is greater than the salary paid, at the date of the decision of the employer, to the employee in whose favour that decision is made in relation to the office held by the employee at that date,

(g) unless, where an invitation to apply for appointment to the vacant office was published in a notice given by the employer to its employees or in a newspaper, the employee duly made application for appointment to the vacant office,

(h) unless the employee satisfies the minimum requirements, in relation to the vacant office, of any Act, statutory instrument, industrial award or agreement or advertisement referred to in section 20,

(i) unless the employee is willing to take up duties in the vacant office, or

(j) if the employee or the employee in whose favour the decision of the employer is made is:

(i) a temporary employee or a casual employee (within the meaning of the Public Sector Employment and Management Act 2002 ) of the Public Service,

(ii) a temporary employee within the meaning of the Teaching Service Act 1980 , or

(iii) in relation to an employee of a class referred to in paragraph (a1), (a2), (c), (d) or (e) of the definition of “employee” in section 4 (1), an employee who is employed, otherwise than permanently, in the service of his or her employer.