Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p14
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 36513–39537

with appropriate diligence.".

Subsection 47(12):

Omit "Board", substitute "Commissioner".

Subsection 47(13) (definition of "training office"):

Omit "Board", substitute "Commissioner".

Subsection 49(1):

Omit all words after "Department" (first occurring), substitute "may be transferred to a vacant SES office in accordance with this section.".

SCHEDULE 1—continued

After subsection 49(1):

Insert:

"(1A) The Secretary to a Department may transfer:

    (a) an SES (Specialist) officer in the Department to an SES (Specialist) office within the Department; and

    (b) an SES officer (other than an SES (Specialist) officer) in the Department to an SES office (other than an SES (Specialist) office) within the Department.

"(1B) The Commissioner may transfer:

    (a) an SES (Specialist) officer in a Department to an SES (Specialist) office in another Department; and

    (b) an SES officer (other than an SES (Specialist) officer) in a Department to an SES (Specialist) office in the Department or to an SES office in another Department; and

    (c) an SES (Specialist) officer in a Department to an SES office (other than an SES (Specialist) office) in the Department or another Department.".

Subsection 49(2):

Omit "subsection (1), the relevant Secretary or the Board", substitute "subsection (1A) or paragraph (1B)(a) or (b), the relevant Secretary or the Commissioner".

Subsection 49(3):

Omit the subsection, substitute:

"(3) The Commissioner must not transfer an officer in a Department to an office in another Department unless the Commissioner has consulted with each of the relevant Secretaries in relation to the proposed transfer.".

Subsection 49(4):

Omit "subsection (1) shall", substitute "subsection (1A) or (1B) must".

Subsection 49(5):

Omit "Board", substitute "Commissioner".

After section 49:

Insert:

SCHEDULE 1—continued

Certain transfers only after merit selection

"49AA.(1) The Commissioner must not exercise a power under paragraph 49(1B)(c) in relation to an office in a Department except in accordance with a recommendation in writing made by the relevant Secretary.

"(2) Where the relevant Secretary recommends in writing that the Commissioner transfer an SES (Specialist) officer to an SES office (other than an SES (Specialist) office), the Commissioner must transfer the officer unless he or she is satisfied that:

    (a) the procedures followed by the Secretary in relation to notification of the vacancy in the office, or in relation to the examination of applications for promotion, transfer or appointment to the office, were not adequate; or

    (b) it is desirable, in the interests of the Service, that the vacancy be further notified or advertised; or

    (c) the officer is not suitable for the performance of the duties of that office; or

    (d) the officer is not suitable for the performance of the duties of SES offices of the same or equal classification; or

    (e) the transfer of another officer to the office is required for the purposes of