Div 4Classifications, Appointments and Promotions

Division 4—Classifications, Appointments and Promotions Creation and abolition of positions. 47. (1) The Commission may create positions in the Service and may abolish positions in the Service. (2) The Commission may determine the salary, or the range of salary, applicable to a position in the Service. Re-classification. 48. (1) The Commission may, from time to time, alter the designation of a position or alter the classification of a position in the Service by raising or lowering the salary, or range of salary, applicable to the position. (2) Whenever the classification of a position is altered, the position shall be deemed to be vacant. (3) Where the Commission makes the same alteration of the classification of all positions having the same classification and designation, the Commission may direct that sub-section (2) shall not apply and, in that case, that sub-section does not apply. (4) Where— (a) the Commission makes an alteration of the classification of a position in a case where there is no other position having the same classification and designation as that position; and (b) the Commission determines that that alteration is related to an alteration in respect of which a direction has been given under sub-section (3), the Commission may direct that sub-section (2) shall not apply in relation to that first-mentioned alteration and, in that case, that sub-section does not apply. (5) A direction given by the Commission under sub-section (3) or (4) shall be made known to officers as prescribed by the By-laws. Filling of vacant positions. 49. The Commission may appoint a person as an officer, or transfer or promote an officer, to fill a vacant position in the Service. Selection of officers for promotion. 50\. (1) Subject to sub-section (2), in the selection of an officer for promotion to a vacant position, consideration shall be given to the relative efficiency of the officers available for promotion and, in the event of equality of efficiency of 2 or more officers, then to the relative seniority of those officers. (2) The Commission may determine that, in the selection of an officer for promotion to a specified position, or of officers for promotion to vacant positions included in a specified class of positions, the selection shall be made on the basis of selecting for promotion the senior efficient officer available for promotion. (3) For the purposes of this section— (a) “efficiency” means, subject to sub-section (4), special qualifications and aptitude for the discharge of the duties of the kind to be performed by the officer filling the position, together with merit and diligence and good conduct and, in the case of an officer who has at any time been engaged on war service, includes such efficiency as, in the opinion of the Commission, the officer would have attained but for his absence on war service; (b) “war service” includes “Defence service” as defined by sub\-section 6(1) of the Defence (Re-establishment) Act 1965-1973; and (c) the seniority of officers shall be determined as prescribed by the By-laws. (4) Where, by virtue of a determination of the Commission, this sub-section applies in relation to a position, consideration shall also be given, in assessing the efficiency of an officer, to the special qualifications and aptitude of each officer available for promotion for the discharge of the duties of higher positions in the Service. Qualification for particular positions. 51. (1) The Commission may determine that a person shall not be appointed, or that an officer shall not be transferred or promoted, to a specified position, or to a position included in a specified class of positions, unless the person or officer possesses such qualifications, and complies with such conditions, as are specified in the determination. (2) A qualification or condition specified in a determination in accordance with sub-section (1) may be a qualification or condition that is defined or expressed by reference to the opinion of the Commission in relation to a particular matter. (3) The Commission may, for the purposes of sub-section (1)— (a) hold, or authorize the holding of, such courses of training and such examinations as it thinks fit; (b) determine conditions of entry for any such course of training or any such examination; and (c) appoint instructors for the purposes of any such course of training and examiners for the purpose of any such examination. (4) Notice of a determination made under sub-section (1) shall be published in the Gazette or in such other publication as is prescribed by the By-laws and the notice shall specify— (a) the subjects of the examination; (b) the scope of, or syllabus for, the course of training for each of the subjects of the examination; and (c) the subjects required to be passed at the examination. Transfers and promotions to certain positions. 52. (1) Where the Commission has determined that an officer shall not be transferred or promoted to a specified position or a position included in a specified class of positions unless the officer has passed an examination held or authorized by the Commission for transfer or promotion to that position, the Commission may also determine— (a) that the transfer or promotion of officers to such a position shall be made only in accordance with this section; and (b) that officers who submit themselves for such an examination in a specified part of Australia shall, on passing the examination, be eligible for transfer or promotion under this section only to a vacant position located in that part of Australia. (2) Where an officer passes an examination held or authorized by the Commission for transfer or promotion to a particular position, or to a position included in a particular class of positions, the officer shall be transferred, or promoted to, such a position— (a) if the Commission has made the determination referred to in paragraph (1)(b) in relation to the examination—as soon as practicable after a vacancy occurs in such a position that is located in the part of Australia in which the officer submitted himself for the examination; or (b) in any other case—as soon as practicable after a vacancy occurs in such a position. (3) Where 2 or more officers have passed the same examination, those officers are entitled to be transferred or promoted in accordance with sub-section (2) according to the order of merit in which they passed the examination. (4) A promotion under this section is not subject to the right of appeal provided in section 54. Promotion of officers who complete courses of training for special positions. 53. (1) The Commission may determine that— (a) a specified position is a position the occupant of which is required to undergo a course of training for the purpose of enabling him to perform duties which require professional, technical or other knowledge; and (b) an officer who has completed that course of training to the satisfaction of the Commission is entitled to be promoted in accordance with this section to such position as is specified in the determination in relation to that first-mentioned position. (2) An officer who has completed, to the satisfaction of the Commission, a course of training approved by the Commission, shall be promoted to the position specified by the Commission under paragraph (1)(b) as soon as practicable after a vacancy occurs in that position. (3) Where 2 or more officers complete at the same time a course of training approved by the Commission, the promotion of those officers under sub-section (2) shall be made in accordance with the respective seniority of the officers. (4) Until an officer who is entitled to promotion under sub-section (2) is promoted, the officer— (a) is an unattached officer having the designation appropriate to an officer occupying the position to which he is entitled to be promoted; and (b) shall, for the purposes of salary and of transfer to another position, be deemed to be the occupant of the position referred to in paragraph (a). (5) A promotion under sub-section (2) is not subject to the right of appeal provided in section 54. (6) A determination under sub-section (1) shall be made known to officers as prescribed by the By-laws. (7) A reference in this section to a position shall, unless the contrary intention appears, be read as a reference to any position in a class of positions equivalent to that position. Appeals against promotions. 54. (1) The promotion of an officer to a vacant position— (a) is provisional and without increased salary pending confirmation of the promotion; (b) shall be made known to officers in a manner prescribed by the By-laws; and (c) is subject to appeal as provided by this section. (2) An officer who considers that he should have been promoted to a vacant position in preference to the officer provisionally promoted may appeal, in the manner specified in the regulations, against the provisional promotion— (a) on the ground of superior efficiency or of equal efficiency and seniority; or (b) if sub-section 50 (2) applies in relation to the position—on the ground that he is senior to the officer provisionally promoted and is efficient. (3) The Commission may regard an appeal as having been made under this Act on a ground specified in sub-section (2) by an officer who, at any time within the time prescribed by the regulations for lodging an appeal, is absent from Australia on official duty or is absent from duty in circumstances prescribed by the regulations and in such a case this section has effect as if an appeal on that ground had been received from that officer and as if that officer had been, at the date of the appeal, performing his duties in the State or Territory in which, immediately before his departure from Australia on official duty or his absence from duty in circumstances prescribed by the regulations, as the case may be, he was performing his duties. (4) Upon an appeal or appeals being made against a provisional promotion, a Promotions Appeal Board shall make a full inquiry into the claims of the appellant or appellants and the claims of the officer provisionally promoted and determine the appeal or appeals. (5) The regulations may make provision for and in relation to the conduct of inquiries by Promotions Appeal Boards, including provisions for a Promotions Appeal Board to act as a central Promotions Appeal Board to determine an appeal, in a case where all the parties to the appeal do not perform their duties in the same State or Territory, after examining reports made to it by 2 or more other Promotions Appeal Boards and making such further inquiries (if any) as it thinks necessary into the claims of all the parties to the appeal. (6) Where an appeal is allowed, the Commission shall cancel the provisional promotion and promote the appellant to the vacant position. (7) Where there are 2 or more appellants in respect of the one promotion, the Promotions Appeal Board determining the appeals shall, if it considers that 2 or more appellants have established the grounds of their appeals, allow the appeal of 1 only of those appellants, being the appellant whom it considers to have the best claim to promotion to the vacant position having regard to the provisions of sub-section 50(1) or sub-section 50(2), whichever is applicable in relation to the position. (8) Where, in respect of a provisional promotion, no appeal is duly made or an appeal has, or appeals have, been duly made but the appeal or each of the appeals has been disallowed or has become inoperative, the Commission shall confirm the provisional promotion. (9) If, after notification has been made of a provisional promotion to a vacant position but before the promotion has been confirmed, the Commission is satisfied that the position is unnecessary or could be filled by the transfer of an excess officer, or that the notification or further notification of the vacancy in the position is desirable, the Commission may cancel the provisional promotion. (10) The Commission may cancel a provisional promotion in accordance with sub-section (9) whether or not there has been an appeal against the provisional promotion, and, where the Commission so cancels a provisional promotion, any appeals in respect of the promotion shall be discontinued. (11) For the purposes of this section, an appeal shall be taken to become inoperative if— (a) the appeal is withdrawn; (b) the appellant ceases to be an officer; or (c) the appellant ceases, by reason of the confirmation of his promotion to another position or for any other reason, to be eligible for promotion to the position concerned. Chairman of Promotions Appeal Boards. 55. (1) For the purposes of this Division, the Minister may appoint a person to be the Chairman of a Promotions Appeal Board. (2) A person may be appointed under sub-section (1) as a full-time Chairman of a Promotions Appeal Board or as a part-time Chairman of a Promotions Appeal Board. (3) A Chairman of a Promotions Appeal Board shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations. (4) A Chairman of a Promotions Appeal Board shall be paid such allowances as are prescribed by the regulations. (5) Sub-sections (3) and (4) have effect subject to the Remuneration Tribunals Act 1973-1974. (6) Subject to sub-section (3) and (4), the Chairman of a Promotions Appeal Board holds office for such period, and upon such terms and conditions, as the Minister determines. (7) A person holding office or appointed— (a) as Chairman of a Promotions Appeal Committee under the Public Service Act 1922\-1975; or (b) as Chairman of a Promotions Appeal Board under the Telecommunications Act 1975, may be appointed under this sub-section as a part-time Chairman of a Promotions Appeal Board under this Act while retaining that first-mentioned office and, in that event— (c) he shall not be appointed for a period that extends beyond the period of his appointment to that first-mentioned office; (d) he shall perform his duties as Chairman of a Promotions Appeal Board under this Act concurrently with the performance of the duties of that first-mentioned office; (e) he shall cease to hold office as Chairman of a Promotions Appeal Board under this Act if he ceases to hold that first-mentioned office; and (f) he shall not be paid remuneration or allowances in his capacity as Chairman of a Promotions Appeal Board under this Act, but, for the purposes of the payment of remuneration and allowances to him, his duties as the holder of that first-mentioned office shall be deemed to include his duties as Chairman of a Promotions Appeal Board under this Act. (8) The By-laws may make provision for and in relation to the preservation of such rights as are specified in the By-laws by an officer who is appointed to be the full-time Chairman of a Promotions Appeal Board under this Act and for and in relation to the appointment of such an officer to a position in the Service upon the termination of his appointment under this section otherwise than upon the ground of his misconduct or of his having attained the age for retirement from the Service. Promotions Appeal Boards. 56. (1) For the purposes of this Division, the Commission shall, from time to time, arrange for the establishment of such Promotions Appeal Boards as are required. (2) A Promotions Appeal Board, in relation to an appeal against a provisional promotion to a vacant position, shall be constituted by— (a) a Chairman, being a person who holds an office of Chairman of a Promotions Appeal Board; (b) an officer nominated by the Commission for the purposes of the appeal; and (c) an officer nominated by the organization that is, by virtue of the regulations, the appropriate organization in respect of the appeal. (3) An officer shall not be nominated as a member of a Promotions Appeal Board in relation to a provisional promotion to a vacant position if that officer has himself been provisionally promoted to the vacant position or has himself appealed against the provisional promotion to that vacant position. (4) Where, at a meeting of a Promotions Appeal Board, the members are divided on a question, that question shall be decided according to the decision of the majority.