34Promotion after appointment to a statutory office

34 Promotion after appointment to a statutory office

(1) An Agency Head may, in writing, request the Commissioner to authorise the promotion of an ongoing APS employee if the following apply: (a) the employee was granted leave without pay for appointment to a statutory office of a kind that requires the Commissioner, or a representative of the Commissioner, to be a participant in the selection process for the office; (b) the employee’s appointment to the statutory office: (i) has not expired; or (ii) expired no more than 3 months before the Commissioner was asked to authorise the promotion; (c) the duties to which the employee is to be assigned are assessed by the Agency Head as being at an APS classification that is equivalent to, or lower than, the duties of the statutory office; (d) the Agency Head is satisfied that the employee has the necessary work‑related qualities to perform duties at the APS classification to which the employee is to be promoted.

Note: For the meaning of work‑related qualities, see section 5.

(2) The Commissioner may authorise the promotion, and in deciding whether to do so may also take into account: (a) how long the employee was appointed to the statutory office; and (b) the selection process for the appointment to the statutory office; and (c) any other matter the Commissioner considers relevant. (3) If the Commissioner authorises the promotion, the Agency Head may promote the employee.