Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p23
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 57721–60399

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 fill the vacancy under section 50 or 50da, transfer or promote an officer to fill the vacancy under this section.
"(2) A vacancy shall not be filled by a transfer or promotion under this section except in circumstances of a kind specified by the Board in a notification under paragraph 33a (1) (e).
"(3) Where a Secretary proposes that a vacant office be filled by a transfer or promotion under this section, the Secretary shall—
     (a) cause notice of the vacancy, and of the Secretary's proposal that the office be filled by a transfer or promotion under this section, to be given in the Gazette;
     (b) notify the organisation that is, under the regulations, the principal relevant staff organisation of the Secretary's proposal that the office be filled by a transfer or promotion under this section; and
     (c) 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 office.
"(4) 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 vacant office exists; and
     (c) if, within the prescribed period after being notified under paragraph (3) (b), the principal relevant staff organisation nominates a person—that person.
"(5) A promotion or transfer of an officer made in accordance with the unanimous advice of the members of a Joint Selection Committee constituted for the purpose of this section shall be deemed to have been made under section 50da, and a promotion so made is not subject to appeal under section 50b or review under section 50daa.

"(6) Where a Joint Selection Committee constituted for the purposes of this section gives advice to a Secretary with respect to the filling of a vacant office and—
     (a) the Secretary promotes or transfers an officer to fill the vacant office otherwise than in accordance with the advice; or
     (b) the advice is not unanimous, but the Secretary transfers or promotes an officer to fill the vacant office,
the promotion or transfer shall be deemed to have been made under section 50, and a promotion so made is subject to appeal under section 50b or review under section 50daa, as the case requires.
"(7) A promotion of an officer under this section shall be notified in the Gazette, and the notice in the Gazette shall state whether