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Last updated: February 2004
Frequently asked questions
What is a protective appeal?
When a number of people are promoted to a classification at or below APS 6 level as a result of a single selection exercise (not conducted by an Independent Selection Advisory Committee) any unsuccessful applicant for promotion may seek a review of promotion of any of the successful applicants.
When this happens, the successful applicant is at risk of losing their promotion. In order to minimise the chance of this happening, they may make an application for review of promotion against one or more of the other successful applicants - this is colloquially known as a 'protective appeal'.
A protective appeal is really no more than an application for review lodged by a successful applicant against other people promoted out of the same selection exercise. It can be lodged on the standard 'Application for Review of Promotion Decision' form available on the Commission's web site at: http://www.apsc.gov.au/merit/forms.htm, and must be lodged within the normal appeal period i.e. within fourteen days of the promotion decision being notified in the Gazette.
If a successful applicant lodges a protective appeal, and an unsuccessful applicant seeks a review of any individual promotion, a Promotion Review Committee will be established to determine which of the parties to the appeal have the greatest claims of merit and should be promoted.
If protective appeals have been lodged, but no request for review is lodged by an unsuccessful applicant, then the appeals will lapse automatically and the promotions come into effect.
REFERENCES:
Part 5 of the Public Service Regulations
