Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p22
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 55269–57953

the purpose of giving advice to the Secretary with respect to the filling of the vacancy.
"(5) A Joint Selection Committee shall be constituted for the purposes of this section by—
     (a) a Convenor nominated by the Agency;
     (b) a person nominated by the Secretary of the Department in which the vacancy exists; and
     (c) a person nominated by the organisation that is, in accordance with the regulations, the principal relevant staff organisation in relation to the office.
"(6) If, for any reason, a Secretary—
     (a) is unable to arrange for the establishment of a Joint Selection Committee for the purpose of giving advice to the Secretary with respect to the filling of the vacancy; or
     (b) having arranged for the establishment of a Joint Selection Committee for such a purpose, is unwilling to transfer or promote an officer in accordance with the advice of the Committee,
the Secretary may transfer or promote an officer to fill the vacancy under section 50.
"(7) A promotion of an officer under this section in accordance with the advice of a Joint Selection Committee—
     (a) shall be notified in the Gazette as a promotion made in accordance with the advice of a Joint Selection Committee; and
     (b) is not subject to appeal under section 50b or review under section 50daa.
"(8) An officer who is transferred under sub-section (1) shall be given notice in writing of the transfer.
"(9) Where a Joint Selection Committee has been constituted for the purpose of giving advice to a Secretary with respect to the filling of a vacancy under this section but, before the Committee gives advice with respect to the filling of that vacancy, a member of the Committee ceases to take part in the deliberations of the Committee, the Committee shall be reconstituted by the remaining 2 members and another member appointed or nominated in accordance with sub-section (5).

"(10) For the purpose of giving advice to a Secretary with respect to the filling of a vacancy under this section, where the members of the Committee do not concur in advice—
     (a) if a majority of the members concur in the advice—the advice of the majority shall be deemed to be the advice of the Committee; and
     (b) in any other case—the advice of the Convenor of the Committee shall be deemed to be the advice of the Committee.

Transfer or promotion on advice of management-initiated Joint Selection Committee
"50db. (1) Subject to sub-sections (2) and (3), sub-section 50 (4) and section 50j, the Secretary of a Department in which an office (other than an office of Secretary or a Senior Executive Service office) is vacant may, instead of transferring or promoting an officer to