Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 31

31. After Division 4 of Part III of the Principal Act the following Division
is inserted:

''Division 4A-Transfers and promotions of Senior Executive Service officer
Interpretation

''48B. (1) In this Division, unless the contrary intention appears-

'prescribed day' means-

   (a)  in relation to a promotion of an officer under section 49B-the latter
        of-

        (i)    a day ascertained in accordance with the regulations, being a
               day occurring not earlier than the day on which the promotion
               is notified in the Gazette; and

        (ii)   the day on which the office to which the officer is promoted
               becomes vacant; and

   (b)  in relation to a transfer of an officer under section 49-the latter
        of-

        (i)    the day ascertained in accordance with the regulations, being a
               day occurring not earlier than the day on which the officer is
               given notice of the transfer under sub-section 49 (4); and

        (ii)   the day on which the office to which the officer is transferred
               becomes vacant;

'promotion', in relation to an officer, means a movement of the officer within
the Service for the purpose of his holding an office in respect of which a
rate of salary is payable, or a maximum rate of salary is applicable, that is
higher than the rate of salary that was payable, or the maximum rate of salary
that was applicable, as the case may be, in respect of the office held by him,
or, in the case of an unattached officer, to or in respect of him, immediately
before the movement took place.

''(2) In this Division, unless the contrary intention appears, a reference to
a vacant office includes a reference to an office that is expected to become
vacant and a reference to a vacancy includes a reference to a vacancy that is
expected to occur. Transfers of Senior Executive Service officers

''49. (1) For the purposes of sub-section 26AA (2), a Senior Executive Service
officer in a Department may-

   (a)  be transferred by the relevant Secretary to any vacant Senior
        Executive Service office in the Department; and

   (b)  be transferred by the Board to any vacant Senior Executive Service
        office in another Department.

''(2) Where it is proposed that an officer be transferred under sub-section
(1), the relevant Secretary or the Board, as the case requires, shall have
regard to-

   (a)  the effect that the proposed transfer would have on-

        (i)    the efficiency of the Service; and

        (ii)   the career development of the officer; and

   (b)  the views of the officer in relation to the proposed transfer.

''(3) The Board shall not transfer an officer in a Department under
sub-section (1) to an office in another Department unless the Board has
consulted with each of the relevant Secretaries in relation to the proposed
transfer.

''(4) An officer who is transferred under sub-section (1) shall be given
notice in writing of the transfer.

''(5) Where 2 or more officers hold Senior Exective Service offices and it is
proposed to transfer each of those officers to the office held by the other or
to an office held by another of those officers, the relevant Secretary or
the Board, as the case requires, may, 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 sub-section (1) in giving effect to the proposed transfers, be
deemed to be vacant. Duties to be performed by Senior Executive Service
officers

''49A. (1) For the purposes of sub-section 26AA (2), a Senior Executive
Service officer of a particular classification in a Department may-

   (a)  be directed by the relevant Secretary-

        (i)    to perform the duties of any Senior Executive Service office of
               the same or equal classification in the Department; or

        (ii)   to perform specified duties in the Department, being duties
               that would be appropriate for a Senior Executive Service office
               of the same or equal classification; and

   (b)  be directed by the Board-

        (i)    to perform the duties of any Senior Executive Service office of
               the same or equal classification in another Department; or

        (ii)   to perform specified duties in another Department, being duties
               that would be appropriate for a Senior Executive Service office
               of the same or equal classification.

''(2) Where it is proposed to give a direction to an officer under sub-section
(1), the relevant Secretary or the Board, as the case requires, shall have
regard to-

   (a)  the effect that the proposed direction would have on-

        (i)    the efficiency of the Service; and

        (ii)   the career development of the officer; and

   (b)  the views of the officer in relation to the proposed direction.

''(3) Where a Senior Executive Service officer in a Department is directed by
the Board under sub-section (1) to perform the duties of an office in another
Department or to perform specified duties in another Department-

   (a)  the Secretary of the first-mentioned Department ceases to have power
        to give a direction to the officer under sub-section (1) until the
        officer resumes performing duties in that Department; and

   (b)  the Secretary of the second-mentioned Department may give a direction
        to the officer under sub-section (1) as if the officer were a Senior
        Executive Service officer in that Department until the officer ceases
        to perform duties in that Department.

''(4) The Board shall not direct a Senior Executive Service officer in a
Department to perform the duties of an office in another Department or to
perform specified duties in another Department unless the Board has consulted
each of the relevant Secretaries in relation to the proposed direction.

''(5) Nothing in this section shall be taken to limit, by implication, the
regulations that may be made for the purposes of section 51A.

''(6) This section applies to and in relation to an employee-

   (a)  who is employed in a Department; and

   (b)  the agreement for whose employment specifies that he is employed to
        perform duties appropriate to an office having a specified Senior
        Executive Service classification, as if the employee were a Senior
        Executive Service officer of that classification in the Department.
        Promotions to Senior Executive Service offices

''49B. (1) The Board may, in writing, promote an officer to a vacant Senior
Executive Service office.

''(2) The Board shall not exercise its powers under sub-section (1) in
relation to an office in a Department except in accordance with a
recommendation in writing made by the relevant Secretary.

''(3) Where the relevant Secretary recommends in writing that an officer be
promoted to a Senior Executive Service office of a particular classification,
the Board shall promote the officer to the office unless it is satisfied that-

   (a)  the procedures followed by the Secretary in relation to notification
        of the vacancy in the office, or in relation to the examination of
        applications for promotion, transfer or appointment to the office,
        were not adequate;

   (b)  it is desirable, in the interests of the Service, that the vacancy be
        further notified or advertised;

   (c)  the officer is not suitable for the performance of the duties of that
        office or is not suitable for the performance of the duties of Senior
        Executive Service offices of the same or equal classification; or

   (d)  the transfer of another officer to the office is required for the
        purposes of section 76F or 76L or would otherwise better promote the
        efficiency of the Service.

''(4) A promotion of an officer under sub-section (1) shall be notified in the
Gazette. Selection of officers for promotion to Senior Executive Service
offices

''49C. (1) In the selection of an officer for promotion to a vacant Senior
Executive Service office consideration shall be given only to the relative
efficiency of the officers available for promotion.

''(2) For the purposes of sub-section (1), 'efficiency', in relation to an
officer, means the suitability of the officer for the discharge of-

   (a)  the duties of Senior Executive Service offices having classifications
        the same as or equal to the classification of the vacant office; and

   (b)  the duties of the vacant office, having regard to the following
        matters:

   (c)  the purposes specified in sub-section 26AA (2) as the purposes for
        which the Senior Executive Service is established and the need to
        ensure that the experience, training, qualifications and relevant
        personal qualities of Senior Executive Service officers in the
        Department in which the vacancy exists are such as to enable the
        Department, in both the short term and the long term, efficiently and
        economically to perform its functions;

   (d)  the capability of the officer to discharge the duties referred to in
        paragraphs (a) and (b) of this sub-section;

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

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

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

   (h)  any personal qualities of the officer relevant to the discharge of
        those duties;

   (j)  the potential for further career development of the officer in the
        Senior Executive Service. Day on which transfer or promotion takes
        effect

''49D. (1) The transfer or promotion of an officer under sub-section 49 (1) or
49B (1) takes effect-

   (a)  if the officer does not apply to the Board under section 52 for
        permission to decline the transfer or promotion or the officer applies
        to the Board for such permission and the Board, not later than the
        prescribed day in relation to the transfer or promotion, notifies the
        officer of its refusal to grant such permission-on the prescribed day
        in relation to the transfer or promotion; or

   (b)  if the officer applies to the Board under section 52 for permission to
        decline the transfer or promotion and the Board, on a day that is
        later than the prescribed day in relation to the transfer or
        promotion, notifies the officer of its refusal to grant such
        permission-on the day on which the Board notifies the officer of its
        refusal to grant such permission.

''(2) Where a promotion under sub-section 49 B (1) of an officer 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. Division 5 not to apply

''49E. The provisions of Division 5 (other than sections 51AA, 51A and 52) do
not apply in relation to a promotion or transfer to a Senior Executive Service
office.''.