Document ID: chunk:federal_register_of_legislation:F2024C01251:reg:25:p1
Version: federal_register_of_legislation:F2024C01251
Segment Type: reg
Provision Reference: reg 25 (pt 1/2)
Character Range: 29205–31968

25  Notification of vacancy in the Public Service Gazette

Basic requirement for notification of vacancy
 (1) Subject to this section, a selection process for a decision to fill a vacancy meets the requirements of this Subdivision only if:
 (a) the vacancy:
 (i) was notified in the Public Service Gazette within the period of 18 months before the written decision to engage or promote the successful candidate for the vacancy; and
 (ii) the requirements in subsection (2) are met; or
 (b) both:
 (i) the vacancy (the new vacancy) is a similar vacancy to another vacancy (the other vacancy); and
 (ii) the other vacancy was notified in the Public Service Gazette within the period of 18 months before the written decision to engage or promote the successful candidate for the new vacancy.
Note: For the meaning of similar vacancy, see section 9.
 (2) For the purposes of paragraph (1)(a), the requirements are the following:
 (a) the vacancy was notified as open to all eligible members of the community;
 (b) the vacancy was notified with a closing date for applications of:
 (i) at least 7 calendar days after the notification; or
 (ii) if the Agency Head was satisfied that there were special circumstances and the Agency Head approved a shorter period—the end of that shorter period;
 (c) if the vacancy required approval by the Commissioner under subsection (3) before it could be notified—the Agency Head obtained that approval before the vacancy, or a class of vacancies including the vacancy, was notified.

Commissioner may require notification of vacancy, or class of vacancies, to be approved by Commissioner
 (3) The Commissioner may, by notice in writing, require an Agency Head to obtain the approval of the Commissioner before notifying a specified vacancy, or a specified class of vacancies, in the Public Service Gazette.

Restricting applications to eligible employees (other than APS Level 1 and training classifications)
 (4) If the Agency Head decides that, for reasons of cost or operational efficiency, a vacancy at a non‑SES classification should be filled by a person who is already an eligible employee, the vacancy may be notified in the Public Service Gazette as open only to persons who are eligible employees at the time of the notification.
 (5) Subsection (4) does not apply in relation to a vacancy at the APS Level 1 classification or a training classification, and these must be notified as open to all eligible members of the community.

Multiple Agency notification
 (6) An Agency participating in a multiple Agency selection process must ensure as far as practicable that a specified vacancy is brought to the notice of the community in a way that gives eligible members of the community a reasonable opportunity to apply for