Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 37

37. (1) Section 50 of the Principal Act is amended-

   (a)  by inserting in sub-section (1) ''or a Senior Executive Service
office'' after ''Secretary'' (first occurring);

   (b)  by omitting from sub-section (2) ''referred to in sub-section (1)''
        and substituting ''to which sub-section (1) applies'';

   (c)  by omitting from sub-section (3) ''referred to in sub-section (1)''
        and substituting ''to which sub-section (1) applies'';

   (d)  by omitting from sub-section (4) ''referred to in sub-section (1)''
        and substituting ''to which sub-section (1) applies'';

   (e)  by inserting in sub-section (4) ''or section 50DA'' after
        ''sub-section (3)''; and

   (f)  by inserting after sub-section (5) the following sub-sections:

''(5A) An officer who is transferred under sub-section (3) shall be given
notice in writing of the transfer.

''(5B) Where-

   (a)  a promotion of an officer purports to be notified in the Gazette ;

   (b)  the notification in the Gazette is inaccurate in a material respect;
        and

   (c)  the Board approves, in writing, the taking of action under this
        sub-section in relation to the promotion,

the promotion may, within 21 days after the notification referred to in
paragraph (a), be notified again in the Gazette and, where a promotion is so
notified, the notification has effect for all purposes as if it had been made
on the day on which the notification referred to in paragraph (a) occurred.''.

(2) Section 50 of the Principal Act is amended by inserting after sub-section
(4) the following sub-section:

''(4AA) In determining, for the purposes of this Act, the aptitude of an
officer for the discharge of the duties of an office, regard shall be had to-

   (a)  in a case where the office is a part-time office-the willingness of
        the officer to undertake the duties of the office on the basis that
        the hours of attendance applicable to him will be those specified in
        the declaration under sub-section 29B (1) in relation to the office;
        and

   (b)  in a case where the office is a full-time office-the willingness of
        the officer to undertake the duties of the office on a full-time
        basis.''.