Ongoing employment – Recruitment and related issues

Appendix E: Date of effect of promotions — Public Service Regulations 3.8 and 3.8A

3.8 Promotion of ongoing APS employees—Date of effect

(1) A promotion of an ongoing APS employee takes effect in accordance with this regulation.

(2) If the promotion decision is not subject to review by a PRC, the promotion of the employee takes effect:

4 weeks after the promotion is notified in the Gazette; or
if another date of effect is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head — on the agreed date of effect.

(2A) For paragraph 3.8 (2) (b), the date of effect of a promotion decision must not be earlier than the date that the promotion is notified in the Gazette.

(3) If the promotion decision is subject to review by a PRC, the promotion of the employee takes effect in accordance with subregulation (4), (5), (5A), (5B), (5C) or (6).

(4) If no application for review by a PRC is made before the end of the application period, the promotion of the employee takes effect:

2 weeks after the end of the application period; or
if another date of effect (except a date before the end of the application period) is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head — on the agreed date of effect.

(5) If an application for review by a PRC is made before the end of the application period, and the application is withdrawn before the PRC makes a decision on the application, the promotion of the employee takes effect:

2 weeks after the Agency Head is notified of the withdrawal of the application; or
if another date of effect (except a date before the end of the application period) is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head — on the agreed date of effect.

(5A) Subregulation (5B) applies if:

an application for review by a PRC is made before the end of the application period; and
the Merit Protection Commissioner appoints a PRC to deal with the application; and
the application lapses before the PRC makes a decision on the application.

(5B) The promotion of the employee takes effect:

2 weeks after the Agency Head is notified by the Merit Protection Commissioner that the application has lapsed; or
if another date of effect is agreed between:
1. the employee; and
2. the Agency Head; and
3. if the employee is moving from another Agency, the current Agency Head —on the agreed date of effect.

(5C) If an application for review by a PRC is made before the end of the application period, and the Merit Protection Commissioner decides under subregulation 5.10 (1) that it is not necessary to appoint a PRC to deal with the application, the promotion of the employee takes effect:

4 weeks after the promotion is notified in the Gazette; or
if another date of effect is agreed between:
1. the employee; and
2. the Agency Head; and
3. if the employee is moving from another Agency, the current Agency Head —on the agreed date of effect.

(6) If an application for review by a PRC is made before the end of the application period and not withdrawn, the promotion of the employee takes effect in accordance with the review decision:

4 weeks after the Agency Head is notified of the review decision; or
if another date of effect is agreed between the employee, the Agency Head and, if the employee is moving from another Agency, the current Agency Head — on the agreed date of effect.

(7) In this regulation:
application period means the period in which an application for review of a promotion decision may be made (including any extension of that period).
Note 1 Division 5.2 provides for review of certain APS promotion decisions by a PRC.
Note 2 Regulation 3.12 provides for promotions of ongoing APS employees to be notified in the Gazette.

3.8A Engagement of ongoing Parliamentary Service employee at higher classification—date of effect

(1) If the engagement of an ongoing Parliamentary Service employee as an ongoing APS employee is not subject to review by a PRC, the engagement takes effect:

4 weeks after the engagement decision is notified in the Gazette; or
if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head — on the agreed date of effect.

(2) If the engagement of an ongoing Parliamentary Service employee as an ongoing APS employee is subject to review by a PRC, the engagement takes effect in accordance with the following table.

Item	Is an application for review made before the end of the application period?	Engagement takes effect
1	No	Either: (a) 2 weeks after the end of the application period; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head – on the agreed date of effect.
2	Yes Application is withdrawn before the PRC makes a decision on the application	Either: (a) 2 weeks after the Agency Head is notified of the withdrawal; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head – on the agreed date of effect.
3	Yes Merit Protection Commissioner appoints a PRC to deal with the application Application lapses before the PRC makes a decision on the application	Either: (a) 2 weeks after the Agency Head is notified by the Merit Protection Commissioner that the application has lapsed; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head – on the agreed date of effect.
4	Yes Merit Protection Commissioner decides under subregulation 5.10 (1) that it is not necessary to appoint a PRC to deal with the application	Either: (a) 4 weeks after the engagement decision is notified in the Gazette; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head – on the agreed date of effect.
5	Yes Under regulation 5.18, PRC does not uphold the application in relation to the engagement of the ongoing Parliamentary Service employee	Either: (a) 2 weeks after the ongoing Parliamentary Service employee is notified of the decision; or (b) if a later date of effect is agreed between the ongoing Parliamentary Service employee and the Agency Head – on the agreed date of effect.
6	Yes Under regulation 5.18, PRC upholds the application in relation to the engagement of the ongoing Parliamentary Service employee	The engagement of the Parliamentary Service employee whose application is upheld commences in accordance with the terms of the offer of employment made under section 22 of the Act Note See subregulation 5.20 (4).

(3) In this regulation:

application period means the period in which an application for review of an engagement decision may be made (including any extension of that period).

Note 1 Regulation 3.12 provides for the notification in the Gazette of certain employment decisions. Paragraph 3.12 (1) (l) provides further information about the notification of the engagement decision if the engagement is at a higher classification than the person's classification as an ongoing Parliamentary Service employee.

Note 2 Division 5.2 provides for review, by a PRC, of an engagement decision where the engagement is at a higher classification than the person's classification as an ongoing Parliamentary Service employee.

Note 3 See the definition of higher, for a classification, in the Dictionary.

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Ongoing employment – Recruitment and related issues

Appendix E: Date of effect of promotions — Public Service Regulations 3.8 and 3.8A

3.8 Promotion of ongoing APS employees—Date of effect

3.8A Engagement of ongoing Parliamentary Service employee at higher classification—date of effect