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PUBLIC SERVICE ACT 2008 - SECT 149C

Appointing public service employee acting in position at higher classification level

149C Appointing public service employee acting in position at higher classification level

(1) This section applies in relation to a public service employee if the employee—
(a) is seconded to, under section 120 (1) (a) , or is acting at, a higher classification level in the department in which the employee holds an appointment or is employed; and
(b) has been seconded to or acting at the higher classification level for a continuous period of at least 1 year; and
(c) is eligible for appointment to the position at the higher classification level having regard to the merit principle.
(2) However, this section does not apply to the following public services employees—
(a) a casual employee;
(b) a non-industrial instrument employee;
(c) an employee who is seconded to or acting in a position that is ordinarily held by a non-industrial instrument employee.
(3) The employee may ask the department’s chief executive to appoint the employee to the position at the higher classification level as a general employee on tenure or a public service officer, after—
(a) the end of 1 year of being seconded to or acting at the higher classification level; and
(b) each 1-year period after the end of the period mentioned in paragraph (a) .
(4) The department’s chief executive must decide the request within the required period.
(4A) In making the decision, the department’s chief executive must have regard to—
(a) the genuine operational requirements of the department; and
(b) the reasons for each decision previously made, or taken to have been made, under this section in relation to the person during the person’s continuous period of employment at the higher classification level.
(5) If the department’s chief executive decides to refuse the request, the chief executive must give the employee a notice stating—
(a) reasons for the decision; and
(b) the total continuous period for which the person has been acting at the higher classification level in the department; and
(c) how many times the person’s engagement at the higher classification level has been extended; and
(d) each decision previously made, or taken to have been made, under this section in relation to the person during the person’s continuous period of employment at the higher classification level.
(6) If the department’s chief executive does not make the decision within the required period, the chief executive is taken to have refused the request.
(7) The commission chief executive must make a directive about appointing an employee to a position at a higher classification level under this section.
(8) In this section—

"continuous period" , in relation to an employee acting at a higher classification level, has the meaning given for the employee under a directive made under subsection (7) .

"required period" , for making a decision under subsection (4) , means—
(a) the period stated in an industrial instrument within which the decision must be made; or
(b) if paragraph (a) does not apply—28 days after the request is made.



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