Commonwealth Numbered Acts

PUBLIC SERVICE ACTS AMENDMENT ACT 1982 No. 111, 1982 - SECT 27

27. The heading to Division 5 of Part III of the Principal Act and sections 50
and 50A of the Principal Act are repealed and the following Subdivision
heading and sections are substituted: ''Subdivision D-Promotions and Transfers
of Officers other than Permanent Heads Transfers and promotions

''50. (1) Where an office in a Department (other than an office of Permanent
Head) is vacant, the Permanent Head of the Department may cause notification
of the vacancy to be given in the Gazette.

''(2) Where notification of a vacancy in an office referred to in sub-section
(1) has not been given in the Gazette, the Board may direct the
relevant Permanent Head to cause notification of the vacancy to be given in
the Gazette.

''(3) The Permanent Head of the Department in which a vacant office referred
to in sub-section (1) exists may, subject to this Act, transfer or promote an
officer to fill the vacancy.

''(4) Where an office referred to in sub-section (1) is an office in relation
to which there is in force for the time being a notice in writing given by the
Board to the Permanent Head of the Department in which the office exists that
the office is an office in relation to which this sub-section is to apply, an
officer shall not be transferred or promoted under sub-section (3) to fill the
vacancy unless the Board has approved the filling of the vacancy.

''(5) A promotion of an officer under sub-section (3)-

   (a)  shall be notified in the Gazette; and

   (b)  is subject to appeal under section 50B.

''(6) A promotion of an officer under sub-section (3) does not take effect on
the making of the promotion but, if-

   (a)  no appeal is made under section 50B against the promotion; or

   (b)  an appeal is, or appeals are, made under section 50B against the
        promotion, but the appeal, or each of the appeals, is disallowed or
        becomes inoperative, the promotion takes effect on a day ascertained
        in accordance with section 50E. Selection of officers for promotion

''50A. (1) In the selection of an officer for promotion to a vacancy,
consideration shall be given only to the relative efficiency of the officers
available for promotion to the vacancy.

''(2) For the purposes of sub-section (1), 'efficiency', in relation to an
officer, means the suitability of the officer for the discharge of duties of
the kind to be performed in the vacant office concerned, having regard to the
following matters:

   (a)  the capability of the officer to discharge those duties;

   (b)  the standard of the work performed by the officer in other offices;

   (c)  any experience possessed by the officer relevant to the discharge of
        those duties;

   (d)  the training and educational qualifications of the officer;

   (e)  any personal qualities of the officer relevant to the discharge of
        those duties, and, in the case of an officer who is a returned soldier
        or who is or has been absent on specified defence service, includes
        such efficiency as, in the opinion of the relevant Permanent Head, a
        Committee or the Board, as the case requires, the officer would have
        had but for the absence of the officer on active service or on
        specified defence service.

''(3) The Board may, by notice published in the Gazette, declare that, in
assessing the efficiency of officers for promotion to offices included in a
specified class of offices, greater weight may be given to one or more of the
matters referred to in paragraphs (2) (a) to (e) (inclusive), being a matter
or matters specified in the declaration, than to the other matter or matters
referred to in those paragraphs. Appeals

''50B. (1) An officer who considers that he is more entitled than another
officer to promotion to the vacant office to which the other officer has been
promoted under section 50 may appeal against the promotion of the other
officer to that office.

''(2) The only ground of appeal under sub-section (1) shall be the greater
efficiency of the officer making the appeal.

''(3) An appeal under sub-section (1) shall be made in such manner, and within
such period after the notification of the promotion in the Gazette, as is
prescribed.

''(4) The Board may, where it considers it appropriate to do so, extend the
period of time prescribed under sub-section (3). Promotions Appeal Committees

''50C. (1) The Board shall, from time to time, arrange for the establishment
of such Promotions Appeal Committees as appears to it to be required for the
purposes of determining appeals made under section 50B.

''(2) A Committee established for the purposes of an appeal made under
section 50B shall be constituted as provided in section 53C. Determination of
appeals

''50D. (1) Upon an appeal or appeals being made under section 50B against the
promotion of an officer or an appeal or appeals being made under regulations
made for the purposes of section 51A against the selection of an officer to
perform temporarily the duties of an office of a classification higher than
the classification of the office occupied by him, the Committee shall make
full inquiries into the claims of each party to the appeal proceedings.

''(2) In making inquiries into the claims of each party to the appeal
proceedings, the Committee-

   (a)  may follow such procedures as it thinks fit; and

   (b)  is not bound by the rules of evidence and may inform itself in such
        manner as it thinks fit.

''(3) Where the promotion in respect of which an appeal is or appeals are made
under section 50B is a promotion to a vacant office other than a vacant office
referred to in sub-section (4), the Committee shall, on the completion of its
inquiries into the claims of each party to the appeal proceedings-

   (a)  if there is one appellant in respect of the promotion-allow or
        disallow the appeal; or

   (b)  if there are 2 or more appellants in respect of the promotion-allow
        the appeal of one only of the appellants or disallow the appeals.

''(4) Where the promotion in respect of which an appeal is or appeals are made
under section 50B is a promotion to a vacant office the rate or minimum rate
of salary applicable to which is not less than the rate or minimum rate of
salary from time to time applicable to a class of offices prescribed for the
purposes of this sub-section, the Committee shall furnish to the Board a
report on the claims of each party to the appeal proceedings.

''(5) After the conclusion of the appeal proceedings, the Committee may, in
addition to any report referred to in sub-section (4), furnish to the Board a
report on any matter arising out of the inquiries made by the Committee that
the Committee considers desirable to bring to the attention of the Board.

''(6) Upon receipt of a report under sub-section (4) in relation to the claims
of each party to the appeal proceedings in respect of a promotion to a vacant
office, the Board shall, having regard to the report and to such other matters
as it considers relevant-

   (a)  if there is one appellant in respect of the promotion-allow or
        disallow the appeal; or

   (b)  if there are 2 or more appellants in respect of the promotion-allow
        the appeal of one only of those appellants or disallow the appeals.

''(7) Where, in respect of the promotion, an appeal is allowed under
sub-section (3) or (6), the Board shall cancel that promotion and promote to
the vacant office the appellant whose appeal has been allowed.

''(8) Where the promotion of an officer the subject of an appeal is a
promotion to an office included in a class of offices to which a determination
of the Board under sub-section 50A (3) relates, the Committee or the Board, in
the performance of its functions or the exercise of its powers under this
section, shall have regard to that determination. Day on which promotion takes
effect, &c.

''50E. (1) Where-

   (a)  no appeal is made under section 50B against the promotion of an
        officer under section 50; or

   (b)  an appeal is, or appeals are, made under section 50B against the
        promotion, but the appeal, or each of the appeals, is disallowed or
        becomes inoperative not later than the prescribed day in respect of
        the promotion, the promotion takes effect on the prescribed day in
        respect of the promotion.

''(2) Where-

   (a)  an appeal is, or appeals are, made under section 50B against the
        promotion of an officer under section 50; and

   (b)  the appeal, or each of the appeals, is disallowed or becomes
        inoperative but the day on which the appeal or one of the appeals is
        disallowed or becomes inoperative is later than the prescribed day in
        respect of the promotion, the promotion takes effect on the day on
        which the appeal is disallowed or becomes inoperative, or the latest
        day on which any of the appeals is disallowed or becomes inoperative,
        as the case may be.

''(3) A promotion of an officer under sub-section 50D (7) takes effect on the
day on which the promotion is made.

''(4) Where a promotion under section 50 of an officer to an office takes
effect, salary at the rate applicable to that office is payable to the officer
on and from the prescribed day in respect of the promotion.

''(5) Where, upon the determination of an appeal against the promotion under
section 50 of an officer to an office, the promotion under sub-section 50D (7)
of another officer to that office takes effect, salary at the rate applicable
to that office is payable to that other officer on and from the day that is
the prescribed day in respect of the first-mentioned promotion.

''(6) Notwithstanding any other provision of this Act, where an officer has
been promoted, under section 50 or 50D to an office held by another officer,
the promotion of the first-mentioned officer does not take effect unless the
other officer ceases to hold the office. Death of officer before appeal
determined

''50F. Where, before an appeal under section 50B against the promotion of an
officer has been determined, the officer dies, the appeal shall be deemed to
lapse on the date of his death but the promotion shall not take effect unless
the death occurred on or after the prescribed day in respect of the promotion.
Cancellation of promotions

''50G. (1) Notwithstanding any other provision of this Subdivision, if, after
the date of notification of the promotion, under section 50, of an officer to
a vacant office but before the day on which the promotion takes effect, the
Board is satisfied that-

   (a)  the office should be abolished; or

   (b)  notification or further notification of the vacancy is desirable, the
        Board may cancel the promotion.

''(2) If a promotion of an officer under section 50 that has not taken effect
ceases, by reason of a change in rates of salary, to be a promotion of that
officer, the relevant Permanent Head shall cancel that promotion.

''(3) Where a promotion is cancelled under this section, any appeal under
section 50B against the promotion shall be deemed to lapse on the date of the
cancellation. Promotion appeal rights of officers eligible for redeployment
under Commonwealth Employees (Redeployment and Retirement) Act

''50H. (1) This section applies to an officer who is a declared employee
within the meaning of the
Commonwealth Employees (Redeployment and Retirement)  Act 1979 .

''(2) An officer to whom this section applies has a right under this section
to appeal against the promotion under section 50 of another person to a vacant
office the classification of which is equal to or lower than the
classification of the office occupied by the officer to whom this section
applies.

''(3) Where an officer to whom this section applies is an unattached officer,
the reference in sub-section (2) to a vacant office the classification of
which is equal to or lower than the classification of the office occupied by
the officer to whom this section applies shall be read as a reference to a
vacant office the maximum rate of salary applicable to which is equal to or
lower than the salary, or the maximum rate of salary, applicable to the
officer to whom this section applies as an unattached officer.

''(4) Sub-sections 50B (2), (3) and (4) apply in relation to an appeal under
this section as if the appeal were an appeal under sub-section 50B (1).

''(5) Where an officer to whom this section applies appeals under this section
against the promotion of another officer, then, for the purposes of this Act
in relation to that appeal-

   (a)  references in this Act to promotion shall, in relation to the officer
        to whom this section applies, be read as references to the transfer of
        the officer; and

   (b)  references in this Act to an appeal under section 50B shall be read as
        references to an appeal under this section.

''(6) Where an officer to whom this section applies makes an appeal under this
section or section 50B, the making of the appeal-

   (a)  does not prevent the Board from issuing a certificate in respect of
        the officer under section 11 or 14 of the
        Commonwealth Employees (Redeployment and  Retirement) Act 1979 ;

   (b)  does not constitute a ground for a Commonwealth Employees Redeployment
        and Retirement Appeals Tribunal revoking under paragraph 15 (2) (b) of
        that Act a certificate issued in respect of the officer under section
        11 or 14 of that Act; and

   (c)  does not affect the operation of section 19 of that Act.

''(7) The revocation, under paragraph 11 (6) (a) of the Commonwealth 
Employees (Redeployment and Retirement) Act 1979 , of a declaration made under
section 9 of that Act in relation to an officer to whom this section applies
does not affect the right of that officer to have an appeal under this section
determined. Transfer of officers by Permanent Head from one Department to
another

''50J. (1) Where-

   (a)  an officer whom it is proposed to transfer to a vacant office under
        section 50 is an officer performing duties in a Department other than
        the Department in which the vacant office exists; and

   (b)  the officer or the Permanent Head of the first-mentioned Department
        does not approve of the transfer being made, the transfer shall not be
        made unless the relevant approving authority has approved the making
        of that transfer.

''(2) The relevant approving authority shall not approve the transfer of an
officer performing duties in a Department to a vacant office in another
Department unless-

   (a)  a reasonable opportunity has been given to the Permanent Head of each
        Department and to the officer to furnish submissions to the authority
        either in support of or against the making of the transfer; and

   (b)  the authority has considered any submissions so furnished.

''(3) For the purposes of this section, a reference to the relevant approving
authority in relation to the transfer of an officer performing duties in a
Department to a vacant office in another Department shall be read as a
reference to-

   (a)  in the case of the transfer of an officer performing duties in the
        Department of the Senate-the President of the Senate;

   (b)  in the case of the transfer of an officer performing duties in the
        Department of the House of Representatives-the Speaker of the House of
        Representatives;

   (c)  in the case of the transfer of an officer performing duties in the
        Department of the Parliamentary Library, the Department of the
        Parliamentary Reporting Staff or the Joint House Department-the
        President of the Senate and the Speaker of the House of
        Representatives; and

   (d)  in the case of the transfer of an officer performing duties in any
        other Department-the Board. Simultaneous transfers within a Department

''50K. Where 2 or more officers hold offices in the one Department having the
same classification and it is proposed to transfer each of those officers to
the office held by the other officer or to an office held by another of those
officers, the relevant Permanent Head may, by instrument in writing, declare
the offices to be offices to which this sub-section applies and, upon the
making of such a declaration, each office to which the declaration relates
shall, for the purposes of the application of section 50 and any regulations
made for the purposes of that section in effectuating the proposed transfers,
be deemed to be vacant.''.