Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p14
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 34127–36841

identical office in the same Department becomes vacant; and

    (c) the advice of the Joint Selection Committee was that 2 or more applicants were suitable for promotion or transfer to the original office; and

  (d) the advice indicated an order of merit of those applicants;

the Secretary may promote or transfer to the original office or the identical office, as the case may be, the applicant next in order of merit according to the advice.

"(12) Offices are identical for the purposes of subsection (11) if the classification, duties and location of the offices are the same.

"(13) For the purposes of subsection (7), the promotion of an officer under subsection (11) is to be taken to be in accordance with the advice of the Joint Selection Committee.".

Transfer or promotion on advice of management-initiated Joint Selection Committee

34. Section 50DB of the Principal Act is amended by adding at the end the following subsections:

  "(12) If:

    (a) a Joint Selection Committee has given advice to a Secretary in accordance with this section with respect to the filling of a vacant office (in this section referred to as the 'original office'); and

  (b) either:

        (i) the person recommended by the Committee for promotion or transfer to the original office is not able to be promoted or transferred to the office; or

        (ii) within 6 months after the original office was filled in accordance with the advice of the Committee, the original office again becomes vacant or an identical office in the same Department becomes vacant; and

    (c) the advice of the Joint Selection Committee was that 2 or more applicants were suitable for promotion or transfer to the original office; and

  (d) the advice indicated an order of merit of those applicants;

the Secretary may promote or transfer to the original office or the identical office, as the case may be, the applicant next in order of merit according to the advice.

"(13) Offices are identical for the purposes of subsection (12) if the classification, duties and location of the offices are the same.

"(14) For the purposes of this section, the promotion of an officer under subsection (12) is to be taken to be in accordance with the advice of the Joint Selection Committee.".

Promotion appeal rights of certain officers

35. Section 50H of the Principal Act is amended by inserting after subsection (2A) the following subsection:

"(2B) An officer is not entitled to appeal against the promotion of a person to a vacant office unless:

    (a) the vacancy in the office was notified in the Gazette and the officer had applied for a transfer that would have had the effect of filling the notified vacancy; or

    (b) the