Education and Training Reform Act 2006

An on-going employee who considers that in accordance with this Division or any Ministerial Order that he or she has a better claim to be transferred or promoted to a vacant position in the teaching service (other than a position of principal) than the employee provisionally transferred or promoted to that position may, subject to and in accordance with the regulations, apply for a review of that provisional transfer or promotion.

Subject to any Ministerial Order, the only grounds of review are that the procedures followed by the person or body in making a recommendation to the Secretary in relation to whom to appoint to fill the vacant position were not in accordance with the procedures decided by the Minister.

A Merit Protection Board must review the provisional transfer or promotion and may—

if it is satisfied that the grounds for review have been established, make an order requiring the person or body which made the recommendation to the Secretary to reconsider the provisional transfer or promotion; or

make an order that the provisional transfer or promotion may be confirmed.

If, after an order under subsection (3)(a) has been complied with, the Secretary makes the same decision as to whom to appoint to the vacant position, a Merit Protection Board must further review the provisional transfer or promotion and may—

if it is satisfied that the same or similar grounds for review continue to apply in respect of the provisional transfer or promotion, make an order requiring that the vacant position be advertised again; or

make an order that the provisional transfer or promotion may be confirmed.