Commonwealth Numbered Acts

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PUBLIC SERVICE ACTS AMENDMENT ACT 1975 No. 40, 1975 - SECT 9

Abolition of Departments.
9. After section 50 of the Principal Act the following section is inserted:-
''50A. (1) Where-

   (a)  a vacancy exists in an office in a Department (in this section
        referred to as the relevant office); and

   (b)  the Board is satisfied that the duties of the relevant office are
        substantially the same as the duties of an office that existed in
        another Department immediately before the abolition of that other
        Department (in this section referred to as the former Department), the
        Board may, after it has obtained a report from the Permanent Head of
        the first-mentioned Department, by determination published in the
        Gazette, determine that a promotion of an officer to fill a vacancy in
        that office in the former Department, being a promotion that was
        uncompleted immediately before the abolition of the former Department,
        shall have effect as if that Permanent Head had promoted the officer
        to fill the vacancy in the relevant office.

''(2) The Board, in a determination made under sub-section (1) in respect of
the promotion of an officer to fill a vacancy in an office in a former
Department, shall, if the time within which an appeal against the promotion
had not expired before the abolition of the former Department, or may, in any
other case, extend the time within which appeals may be made against the
promotion of the officer until the expiration of 21 days after the date of
publication of the determination in the Gazette.

''(3) Where the Board makes a determination under sub-section (1) in respect
of the promotion of an officer to fill a vacancy in an office in a former
Department, section 50 applies in accordance with sub-section (4) of this
section to and in relation to the promotion as if the officer had, on the day
on which he was so promoted, been promoted to fill the vacancy in the relevant
office.

''(4) For the purposes of this section, and in the application of section 50
in relation to a promotion referred to in a determination made under
sub-section (1)-

   (a)  any action taken in connexion with the promotion before the abolition
        of the former Department has effect as if it had been taken in
        relation to the promotion of the officer to fill the vacancy in the
        relevant office;

   (b)  if the Board extended the time within which appeals might be made
        against the promotion of the officer-any appeal against the promotion
        of the officer to the relevant office made before the expiration of
        that time shall be deemed to have been made within the time prescribed
        for the purposes of sub-section (6) of section 50; and

   (c)  accordingly as the circumstances require-

        (i)    the Department in which the relevant office exists, and the
               relevant office, shall be deemed to have been in existence, and
               the relevant office shall be deemed to have been vacant;

        (ii)   the relevant office shall be deemed to have been in existence
               and to have been vacant; or

        (iii)  the relevant office shall be deemed to have been vacant,

on the day on which the officer was promoted to fill the vacancy in the office
in the former Department.

''(5) For the purposes of this section, the promotion of an officer to fill a
vacancy in an office in a Department shall be taken to be uncompleted if it
has not been confirmed or cancelled.

''(6) Where the Board has abolished all the offices in a branch or other part
of a Department and created offices in another Department the duties of which
are substantially the same as the duties of all or any of the offices that
were abolished, this section applies as if that branch or other part of that
first-mentioned Department were a separate Department and the abolition of the
offices in that branch or other part of that Department were the abolition of
that separate Department.''. 


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