New South Wales Consolidated Acts New South Wales Consolidated ActsWhere no invitation to apply for appointment to a vacant office in the establishment of an employer is published in a notice given by the employer to its employees or in a newspaper, and:
(a) if the vacant office is not one in the Government Service or the NSW Health Service-any employee employed by the employer, or
(b) if the vacant position is one in the Government Service-only employees employed in the same Division (within the meaning of the Public Sector Employment and Management Act 2002 ) of which the vacant office forms part, or
(c) if the vacant position is one in the NSW Health Service-only employees employed in or in connection with the same public health organisation or other division of that Service of which the vacant office forms part,may, if otherwise entitled, appeal to the Tribunal against the decision of the employer to appoint or recommend the appointment of one of its employees to fill the vacant office.