New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 21

21 Appointments subject to promotion appeal

(1988 Act, ss 26 (4), 32)

(1) This section applies where a person selected for appointment to a position is an officer and some other officer has a right of appeal to the Government and Related Employees Appeal Tribunal against the appointment.

(2) The appointment must not be made (except by way of acting appointment under this Act):

(a) until the expiration of the time for lodging a notice of such an appeal under the Government and Related Employees Appeal Tribunal Act 1980 against the Department Head’s decision to make the appointment, or

(b) if such a notice of appeal is lodged within that time, until the Government and Related Employees Appeal Tribunal has determined the appeal or the appeal is withdrawn.

Note: See section 19 of the Government and Related Employees Appeal Tribunal Act 1980 which requires the appropriate Department Head to cause notice of the proposed appointment to be published and distributed to employees.