Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p21
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 52792–55505

if the Agency is satisfied that the application is frivolous or vexatious or was not made in good faith.
"(9) Where 2 or more applications are made to the Agency for review of the same promotion, the Agency may consider those applications concurrently.
"(10) Division 7 of Part II of the Merit Protection Act applies in relation to a review under this section of a promotion in the same manner as it applies to a review of a decision under Division 3 of Part II of that Act.

Transfer or promotion on advice of Joint Selection Committee
"50da. (1) Subject to sub-section (4) and to 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 fill the vacancy under section 50, transfer or promote an officer to fill the vacancy under this section.
"(2) A transfer or promotion of an officer under this section shall be a transfer or promotion made in accordance with the advice of a Joint Selection Committee.
"(3) Where a Secretary proposes that a vacancy be filled by a transfer or promotion under this section, the Secretary shall—
     (a) give notice in writing of the proposal to the organisation that is, in accordance with the regulations, the principal relevant staff organisation in relation to the office; and
     (b) if there is another relevant staff organisation or there are other relevant staff organisations—give notice in writing of the proposal to the other relevant staff organisation or organisations, such notice to include a statement to the effect that a relevant staff organisation may, by notice in writing to the Secretary before the expiration of the period prescribed by the regulations for the purposes of this paragraph, object to the proposal.
"(4) Where the principal relevant staff organisation consents to the proposal and—
     (a) there is no other relevant staff organisation; or

     (b) in a case to which paragraph (a) does not apply—no other relevant staff organisation objects to the proposal before the expiration of the period referred to in paragraph (3) (b),
the Secretary shall—
     (c) cause notification of the vacancy, being a notification indicating that the Secretary proposes that the vacancy be filled by a transfer or promotion under this section, to be given in the Gazette; and
     (d) 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.
"(5) A Joint Selection Committee shall be constituted for the purposes of this section by—
     (a) a Convenor nominated by the Agency;
     (b) a