Document ID: chunk:federal_register_of_legislation:F2024C01251:reg:9
Version: federal_register_of_legislation:F2024C01251
Segment Type: reg
Provision Reference: reg 9
Character Range: 14533–17064

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
 (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.
Note 1: This definition must be considered in conjunction with paragraph 10A(1)(c) of the Act. In conducting a merit‑based selection process in accordance with Subdivision B of Division 1 of Part 4 of this instrument, the concept of similar vacancy is relevant to whether the basic requirements for the notification of the similar vacancy have been met (see subsection 25(1) of this instrument).
Note 2: The Commissioner may, from time to time, provide guidance on matters relating to similar vacancies.
 (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.

Part 2—APS Values