(1) Subject to this section and the regulations, a protective services officer may appeal to the PRS Board against the selection of another protective services officer for promotion under section 40 or transfer under section 43 if—
(a) the officer applied for promotion or transfer to the position; and
(b) the officer considers, on the grounds referred to in subsection (4), that he or she has a better claim to promotion than the officer selected.
The functions of the PRS Board in relation to appeals are performed by the Review Division.
(2) A protective services officer cannot appeal in relation to—
(a) a promotion to a position at a rank specified by the regulations for the purposes of this section; or
S. 142(2)(ab) inserted by No. 44/2021 s. 38.
(ab) the promotion of a protective services officer who holds a position to the rank of protective services officer senior in the same position; or
(b) a transfer made under an expression of interest process agreed under an industrial instrument applying to protective services officers.
(3) A protective services officer cannot appeal under this section if he or she has lodged an appeal under this section on 4 or more occasions in the current financial year—
(a) whether or not in relation to the same position; and
(b) whether or not any of those appeals were successful, unsuccessful or withdrawn.
(4) The only grounds for appeal are—
(a) superior efficiency; or
(b) equal efficiency and greater seniority.
(5) An appeal must be lodged within 3 days after the day on which notice of the selection is published under section 40(4) or 43(4).