Document ID: chunk:federal_register_of_legislation:F2023L00927:clause:1_9
Version: federal_register_of_legislation:F2023L00927
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 3918–6024

9  Meaning of similar vacancy
 (1) In this instrument, a vacancy is a similar vacancy to another vacancy that has been notified in the Public Service Gazette (the notified vacancy) if:
 (a) the vacancy and the notified vacancy are for the same category of employment (ongoing or non‑ongoing); and
 (b) the work‑related qualities required by a person to perform the duties of the vacancy and the notified vacancy are similar; and
 (c) the vacancy and the notified vacancy are:
 (i) at the same classification; or
 (ii) if the notified vacancy is in a Department of the Parliament established under the Parliamentary Service Act 1999—at the same corresponding classification under rules about classification made under section 23 of that Act; or
 (iii) if the notified vacancy is in an intelligence agency—at the same corresponding classification under the agreement about corresponding classifications made between the Director‑General of the relevant intelligence agency and the Commissioner; and
 (d) the vacancy and the notified vacancy are for duties to be performed in a similar location; and
 (e) any of the following apply:
 (i) the vacancy is an SES vacancy;
 (ii) the vacancy is in a centrally coordinated entry‑level program;
 (iii) the vacancy and the notified vacancy are in the same agency;
 (iv) the Agency Head of the agency in which the notified vacancy existed and another Agency Head agree, in writing, that the vacancy is a similar vacancy to the notified vacancy;
 (v) the Secretary of a Department (within the meaning of the Parliamentary Service Act 1999) in which the notified vacancy existed and an Agency Head agree, in writing, that the vacancy is a similar vacancy to the notified vacancy;
 (vi) the Director‑General of the intelligence agency in which the notified vacancy existed and an Agency Head agree, in writing, that the vacancy is a similar vacancy to the notified vacancy.
 (2) The notified vacancy mentioned in subsection (1) may be a vacancy that exists in an Agency, a Department (within the meaning of the Parliamentary Service Act 1999) or an intelligence agency.