30Procedure for filling vacancies

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heard and determined and the selection by the Chief Executive Officer has been confirmed; or (ii) the appeal has been withdrawn; the Chief Executive Officer must appoint the person or promote or transfer, as the case may be, the employee selected to perform the duties.