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Wednesday, 3 June 1970

Dr Klugman asked the Prime Minister upon notice:

(1)   Is an appellant before a Commonwealth Public Service Promotions Appeal Committee entitled to an advocate.

(2)   Is an appellant who is appealing against failure to be granted promotion entitledto see any allegations made against him.

(3)   If an appellant is not entitled to see the allegations (a) how can he refutethem and (b) what is the relevant regulation.

Mr Gorton - I have been informed by the Public Service Board that the answer to the honourable member's question is as follows:

(1)   No.

(2)   and (3) A Promotions Appeal Committee has the statutory responsibility (section 50 of the Public Service Act 1922-1968) for making 'full inquiries into the claims of the appellant and those ofthe officer provisionally promoted' and shall in accordance with the Public Service Act 1922- 1968 either 'determine the appeal' or 'make a report to the Board on the claims of the appellant and those of the officer provisionally promoted'.

Public Service Regulation109f states 'It shall be the duty of a Promotions Appeal Committee to make its inquiries without regard to legal forms or solemnities.' A promotions Appeal Committee is free to adopt procedures which it considers appropriate provided they are procedures under which a Committee inquires fairly into the claims of all parties to an appeal hearing.

The authority for the constitution of a Promoions Appeal Committee is to be found in section 50 of he Public Service Act 1922-1968 and Public Service Regulation 109d(1) which reads:

A Promotions Appeal Committee shall be constituted by -

(a)   a Chairman appointed by the Hoard, who. while acting as Chairman, shall not be subject to direction by any person or authority under the Act;

(b)   an officer nominated by the Permanent Head of the Department in which the provisional promotion has been made; and

(c)   an officer nominated by the appropriate Organisation.'

The appropriate Organisation is defined in Public Service Regulation I09d(1b).

Public Service Regulation 108b provides that where a senior applicant is not selected for provisional promotion the Permanent Head or the Chief Officer, as the case may be, must inform the Officer of any specific adverse matter which was decisive against his selection.

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