Education and Training Reform Act 2006

If an on-going employee is transferred or promoted to a position which is about to become vacant, the transfer or promotion does not take effect unless the position becomes vacant by the date specified in the notice of the transfer or provisional promotion.

If the Secretary selects an on-going employee for promotion to a vacant position the employee is entitled to decline the promotion if he or she satisfies the Secretary that there are special circumstances which make it reasonable for the employee to decline the promotion.

If the Secretary refuses an on-going employee permission to decline a promotion the employee may appeal to the Merit Protection Board.

A transfer or promotion under this Division is provisional and must be notified at least once and is subject to appeal or review as provided in this Division or Division 7 and does not have effect pending confirmation of the transfer or promotion.

The Secretary may cancel a provisional promotion at any time before it has been confirmed if the Secretary is of the opinion that—

the position is redundant; or

the vacancy was not notified at least once; or

there is an employee without a position available to fill the vacancy.

Despite anything in this Act, the Secretary may at any time cancel a promotion or transfer if satisfied that the person promoted or transferred does not possess the qualifications necessary for the position.

If the Secretary has cancelled a promotion or transfer under subsection (6) the person concerned may in accordance with the regulations appeal to a Merit Protection Board.

The Merit Protection Board must hear and determine the appeal and may allow or dismiss the appeal.

The Secretary must give effect to a determination of the Merit Protection Board.