28Selection of officers for promotion or transfer

28  Selection of officers for promotion or transfer

 (1) Where 2 or more officers have applied for promotion or transfer to a vacant position, the relevant authority shall, for the purpose of exercising the power under subsection 27(1) or section 31 to promote or transfer an officer to fill that vacant position, select from those officers the officer who is, in the opinion of the relevant authority, the more or most efficient of those officers.

 (2) For the purpose of forming an opinion as to the more or most efficient of the officers who have applied for promotion or transfer to a vacant position, the relevant authority shall have regard to:

 (a) the abilities, qualifications, experience, standard of work performance and personal qualities of each officer, to the extent that the relevant authority considers that those matters are relevant to the performance of the duties of the position; and

 (b) the potential of each officer for further career development in the Service, and the ability of each officer to perform the duties of other positions of the same or equal classification in the component of the Service in relation to which the authority is the relevant authority, to the extent (if any) that the relevant authority considers that those matters are relevant to the selection of an officer to hold the position.

 (3) For the purposes of subsection (2), an officer who is a returned soldier or who is or has been absent on specified defence service shall betreated as having the abilities, qualifications, experience, standard of work performance, personal qualities, potential for future career development in the Service, or ability to perform the duties of the positions concerned that, in the opinion of the relevant authority, the officer would have had but for the absence of the officer on active service or on specified defence service.