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Public Sector Employment and Management Act 1993
30Procedure for filling vacancies
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30 Procedure for filling vacancies
(1) Where duties are to be performed for a period exceeding 6 months
by a person employed, or by an employee promoted or transferred,
under section 29 to perform the duties, the Chief Executive Officer
of the Agency in which the duties are to be performed:
(a) must advertise for applications from persons and employees
who wish to be employed, promoted or transferred to perform
the duties; or
(b) may, with the approval of the Commissioner, select without
advertising, a person or employee who satisfies the
requirements of section 31.
(2) The employment, promotion or transfer of a person must be notified
in the way the Commissioner directs, unless the Commissioner
directs that notification is not required.
(3) Except as directed by the Commissioner, the Chief Executive
Officer need not employ, promote or transfer a person to perform
duties as advertised under subsection (1)(a).
(4) Where the Commissioner believes, on reasonable grounds, that the
process of selection of an employee or other person under this
section is not being conducted in a manner likely to result in the
selection of a person or employee in accordance with the merit
principle, the Commissioner must, within 7 days after forming that
belief, direct the Chief Executive Officer to:
(a) make a selection, in accordance with the merit principle, from
the applicants to perform the duties; or
(b) re-advertise as provided in subsection (1)(a).
(5) Where a Chief Executive Officer making the selection under this
section is satisfied that:
(a) all employees eligible to appeal against the selection under
section 59B have waived their right to appeal against the
selection or the period within which they may appeal has
expired and no such appeal has been lodged; or
Public Sector Employment and Management Act 1993 23
(b) where such an appeal has been lodged:
(i) the appeal has been heard and determined and the
selection by the Chief Executive Officer has been
confirmed; or
(ii) the appeal has been withdrawn;
the Chief Executive Officer must appoint the person or promote or
transfer, as the case may be, the employee selected to perform the
duties.