23Notification of vacancy in the Public Service Gazette

23  Notification of vacancy in the Public Service Gazette

Basic requirement for notification of vacancy

 (1) Subject to this section, a selection process for a decision to fill a vacancy meets the requirements of this Subdivision only if:

 (a) both:

 (i) the vacancy was notified in the Public Service Gazette within the period of 18 months before the written decision to engage or promote the successful candidate for the vacancy; and

 (ii) the requirements in subsection (2) are met; or

 (b) both:

 (i) the vacancy (the new vacancy) is a similar vacancy to another vacancy (the other vacancy); and

 (ii) the other vacancy was notified in the Public Service Gazette within the period of 18 months before the written decision to engage or promote the successful candidate for the new vacancy.

Note: For the meaning of similar vacancy, see section 8.

 (2) For the purposes of subparagraph (1)(a)(ii), the requirements are the following:

 (a) the vacancy was notified as open to all eligible members of the community;

 (b) the vacancy was notified with a closing date for applications of:

 (i) at least 7 calendar days after the notification; or

 (ii) if the Secretary was satisfied that there were special circumstances and the Secretary approved a shorter period—the end of that shorter period;

 (c) if the vacancy required approval by the Parliamentary Service Commissioner under subsection (3) before it could be notified—the Secretary obtained that approval before the vacancy, or a class of vacancies including the vacancy, was notified.

Parliamentary Service Commissioner may require notification of vacancy, or class of vacancies, to be approved

 (3) The Parliamentary Service Commissioner may, by notice in writing, require a Secretary to obtain the approval of the Parliamentary Service Commissioner before notifying a specified vacancy, or a specified class of vacancies, in the Public Service Gazette.

Restricting applications to eligible employees (other than Parliamentary Service Level 1 and training classifications)

 (4) If the Secretary decides that, for reasons of cost or operational efficiency, a vacancy at a non‑SES classification should be filled by a person who is already an eligible employee, the vacancy may be notified in the Public Service Gazette as open only to persons who are eligible employees at the time of the notification.

 (5) Subsection (4) does not apply in relation to a vacancy at the Parliamentary Service Level 1 classification or a training classification, and these must be notified as open to all eligible members of the community.