Merit Protection (Australian Government Employees) Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulation under
the
Dated 29 November 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
Peter Morris
Minister of State for
Industrial Relations
for and on behalf of
the Prime Minister
After regulation 5of the Merit Protection (Australian Government Employees) Regulations the following regulations are inserted:
“5a. (1)For the purposes of this regulation and regulations 5b and 5c, a reference to a party is a reference to the officer promoted or selected, or an appellant, in an appeal.
“(2) Each party must provide to the Agency a statement in writing of the party’s case with respect to the appeal.
“(3) Subject to subregulation (4),the time for a party to provide a statement is:
(a) 7 days after the party has instituted, or been notified of, the appeal; or
(b) if the Agency has notified the party in writing of a longer period of time for providing the statement—the time so notified.
(S.R. 332/89)—Cat. No. 14/2.11.1989
“(4)Where a party fails to provide a statement within the time specified in subregulation (3),the Promotion Appeal Committee must take reasonable steps to ensure that the party is aware of the requirement to provide the statement and, if it appears to the Committee that the party reasonably needs an extension of time to provide the statement the Committee may, by notice in writing to the party, grant an extension.
“5b. The Agency may from time to time, by notice in writing, request the Secretary to the Department that made a promotion or selection to provide in writing on or before a specified date information with respect to a party, and the Secretary must as far as possible comply with the notice.
“5c. (1) Subject to subregulation (2),a Promotion Appeal Committee must not determine an appeal if a party has not provided a statement or a request under regulation 5bhas not been substantially complied with.
“(2) A Promotion Appeal Committee may determine an appeal notwithstanding:
(a) the failure of a party to provide a statement by the expiration of the time available to do so, if the Committee has taken the steps mentioned in subregulation 5a (4); or
(b) the absence of substantial compliance with a request under regulation 5b, if the Committee is of the opinion:
(i) that the absence of compliance is not likely significantly to affect the Committee’s determination of the appeal; or
(ii) that it is not practicable to obtain any, or any further, information under the request.
“(3)A Promotion Appeal Committee may from time to time defer or adjourn its consideration of an appeal if the Committee considers it reasonable and proper to do so.”.
1.
Notified in the
2. Statutory Rules 1985 No. 176 as amended by 1985 No. 380; 1986 No. 3; 1987 Nos. 91 and 330.
Printed by Authority by the Commonwealth Government Printer.
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