Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p43
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 108896–111680

of the Service, that the vacancy be further notified or advertised;
     (c) the officer is not suitable for the performance of the duties of that office or is not suitable for the performance of the duties of Senior Executive Service offices of the same or equal classification; or

     (d) the transfer of another officer to the office is required for the purposes of section 76f or 76l or would otherwise better promote the efficiency of the Service.
"(4) A promotion of an officer under sub-section (1) shall be notified in the Gazette.

Selection of officers for promotion to Senior Executive Service offices
"49c. (1) In the selection of an officer for promotion to a vacant Senior Executive Service office consideration shall be given only to the relative efficiency of the officers available for promotion.
"(2) For the purposes of sub-section (1), 'efficiency', in relation to an officer, means the suitability of the officer for the discharge of—
     (a) the duties of Senior Executive Service offices having classifications the same as or equal to the classification of the vacant office; and
     (b) the duties of the vacant office, having regard to the following matters:
     (c) the purposes specified in sub-section 26aa (2) as the purposes for which the Senior Executive Service is established and the need to ensure that the experience, training, qualifications and relevant personal qualities of Senior Executive Service officers in the Department in which the vacancy exists are such as to enable the Department, in both the short term and the long term, efficiently and economically to perform its functions;
     (d) the capability of the officer to discharge the duties referred to in paragraphs (a) and (b) of this sub-section;
     (e) the standard of work performed by the officer in other offices;
     (f) any experience possessed by the officer relevant to the discharge of those duties;
     (g) the training and educational qualifications of the officer;
     (h) any personal qualities of the officer relevant to the discharge of those duties;
     (j) the potential for further career development of the officer in the Senior Executive Service.

Day on which transfer or promotion takes effect
"49d. (1) The transfer or promotion of an officer under sub-section 49 (1) or 49b (1) takes effect—
     (a) if the officer does not apply to the Board under section 52 for permission to decline the transfer or promotion or the officer applies to the Board for such permission and the Board, not later than the prescribed day in relation to the transfer or promotion, notifies the officer of its refusal to grant such permission—on the prescribed day in relation to the transfer or promotion; or
     (b) if the officer applies to the Board under section