Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 44

44. After section 50D of the Principal Act the following section is inserted:
Transfer or promotion on advice of Joint Selection Committee

''50DA. (1) Subject to sub-section (3) and to sub-section 50 (4) and section
50J, the Secretary of a Department in which an office (other than an office of
Secretary or a Senior Executive Service office) is vacant may, instead of
transferring or promoting an officer to fill the vacancy under section 50,
transfer or promote an officer to fill the vacancy under this section.

''(2) A transfer or promotion of an officer under this section shall be a
transfer or promotion made in accordance with the advice of a Joint Selection
Committee.

''(3) Where a Secretary proposes that a vacancy be filled by a transfer or
promotion under this section, the Secretary shall-

   (a)  give notice in writing of the proposal to the organization that is, in
        accordance with the regulations, the principal relevant staff
        organization in relation to the office; and

   (b)  if there is another relevant staff organization or there are other
        relevant staff organizations-give notice in writing of the proposal to
        the other relevant staff organization or organizations, such notice to
        include a statement to the effect that a relevant staff organization
        may, by notice in writing to the Secretary before the expiration of
        the period prescribed by the regulations for the purposes of this
        paragraph, object to the proposal.

''(4) Where the principal relevant staff organization consents to the proposal
and-

   (a)  there is no other relevant staff organization; or

   (b)  in a case to which paragraph (a) does not apply-no other relevant
        staff organization objects to the proposal before the expiration of
        the period referred to in paragraph (3) (b), the Secretary shall-

   (c)  cause notification of the vacancy, being a notification indicating
        that the Secretary proposes that the vacancy be filled by a transfer
        or promotion under this section, to be given in the Gazette; and

   (d)  arrange for the establishment of a Joint Selection Committee for the
        purposes of giving advice to the Secretary with respect to the filling
        of the vacancy.

''(5) A Joint Selection Committee shall be constituted by-

   (a)  a Chairman nominated by the Board;

   (b)  a person nominated by the Secretary of the Department in which the
        vacancy exists; and

   (c)  an officer nominated by the organization that is, in accordance with
        the regulations, the principal relevant staff organization in relation
        to the office.

''(6) If, for any reason, a Secretary-

   (a)  is unable to arrange for the establishment of a Joint Selection
        Committee for the purpose of giving advice to the Secretary with
        respect to the filling of the vacancy; or

   (b)  having arranged for the establishment of a Joint Selection Committee
        for such a purpose, is unwilling to transfer or promote an officer in
        accordance with the advice of the Committee, the Secretary may
        transfer or promote an officer to fill the vacancy under section 50.

''(7) A promotion of an officer under this section in accordance with the
advice of a Joint Selection Committee-

   (a)  shall be notified in the Gazette as a promotion made in accordance
        with the advice of a Joint Selection Committee; and

   (b)  is not subject to appeal under section 50B.

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

''(9) Where a Joint Selection Committee has been constituted for the purposes
of giving advice to a Secretary with respect to the filling of a vacancy under
this section but, before the Committee gives advice with respect to the
filling of that vacancy, a member of the Committee ceases to take part in the
deliberations of the Committee, the Committee shall be reconstituted by the
remaining 2 members and another member appointed or nominated in accordance
with sub-section (5).

''(10) Where a Committee is reconstituted pursuant to sub-section (9), the
Committee as reconstituted may have regard to the evidence given, the argument
adduced and the reasons for any decision given during the proceedings before
the Committee as previously constituted.

''(11) For the purposes of giving advice to a Secretary with respect to the
filling of a vacancy under this section, where the members of the Committee do
not concur in advice-

   (a)  if a majority of the members concur in the advice-the advice of the
        majority shall be deemed to be the advice of the Committee; and

   (b)  in any other case-the advice of the Chairman of the Committee shall be
        deemed to be the advice of the Committee.

''(12) Advice of a Joint Selection Committee shall not be called in question
by reason of a defect or an irregularity in connection with the nomination of
a member of the Committee.''.