Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p26
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 66345–69272

for appointment to the Service have, so far as is practicable, a reasonable opportunity to apply for the appointment; and
     (b) the appointment is made on the basis of an assessment of the relative suitability of the applicants for the appointment, having regard to—
        (i) the nature of the duties to be performed by the person appointed; and
        (ii) the abilities, qualifications, experience and other attributes of each applicant that are relevant to the performance of those duties.
"(2) Without limiting the generality of sub-section (1), powers under this Act in respect of appointments, transfers and promotions shall be exercised in accordance with procedures that preclude patronage and favouritism.
"(3) Without limiting the generality of sub-section (1), powers under this Act in respect of appointments, transfers and promotions shall, subject to sub-section (4), be exercised in accordance with procedures that preclude—
     (a) discrimination on the ground of political affiliation, race, colour, ethnic origin, social origin, religion, sex, sexual preference, marital status, pregnancy, age or physical or mental disability;
     (b) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and
     (c) any other unjustified discrimination.
"(4) The reference in sub-section (3) to discrimination in relation to a power in respect of appointment, transfer or promotion shall be read as not including a reference to—
     (a) discrimination that is essential for the effective performance of the duties to which the appointment, transfer or promotion relates, is not unlawful under the Racial Discrimination Act 1975 or the Sex

     Discrimination Act 1984 and is declared by the regulations not to be discrimination for the purposes of sub-section (3); or
     (b) discrimination in relation to appointment that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 and is in accordance with a program to encourage the appointment of women or persons in a designated group to the Service, being a program that is declared by the regulations to be an approved program for the purposes of this paragraph.
"(5) Where the exercise of a power in respect of appointment is, by virtue of paragraph (4) (b), not discrimination for the purpose of sub-section (3), the power shall be taken to have been exercised in accordance with procedures of the kind referred to in sub-section (1).

Notification of certain matters related to appointment, transfer or promotion
"33a. (1) The Board may from time to time, by notice published in the Gazette, notify—
     (a) the manner in which applications for appointment to the Service will be invited;
     (b) the manner of ascertaining the order in which appointments of persons who apply for appointment to specified vacancies or to vacancies included in a specified class