Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p48
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 121558–124305

of the proposal to the other relevant staff organization or organizations, such notice to include a statement to the effect that a relevant staff organization 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 organization consents to the proposal and—
     (a) there is no other relevant staff organization; or
     (b) in a case to which paragraph (a) does not apply—no other relevant staff organization 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 purposes of giving advice to the Secretary with respect to the filling of the vacancy.
"(5) A Joint Selection Committee shall be constituted by—
     (a) a Chairman nominated by the Board;
     (b) a person nominated by the Secretary of the Department in which the vacancy exists; and
     (c) an officer nominated by the organization that is, in accordance with the regulations, the principal relevant staff organization 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.
"(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 purposes 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