Effect of making claims on proposed selections to appointment pools
9 Effect of making claims on proposed selections to appointment pools
If —
the employing authority of a public sector body proposes to select persons to form an appointment pool; and
a claim is lodged with the public sector body in respect of a reviewable decision that relates to any of the proposed selections,
the employing authority —
may make the selections despite the claim having been made; but
may make an appointment from the appointment pool to fill a vacancy only if regulation 8(2) or subregulation (2) or (3) applies.
This subregulation applies if the public sector body has another vacancy to fill from the appointment pool to which the claimant could be appointed if the claim were to be successful.
This subregulation applies if —
the employing authority of the public sector body makes a written submission to the Commissioner that sets out the reasons why the employing authority should make an appointment from the appointment pool despite the claim having been made; and
the Commissioner gives the employing authority written approval to make the appointment.
[Regulation 9 amended: Gazette 11 Feb 2011 p. 498.]
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