27Application of the merit and equity principle

27 Application of the merit and equity principle (1) This section applies in relation to selecting— (a) a person to be engaged in an SES position for a period of more than 9 months; or (b) a person to be appointed as an officer to a vacant office; or (c) an officer to be transferred to a higher level vacant office for a period of more than 3 months; or (d) an officer to be promoted to a vacant office; or (e) a person to be employed as a fixed term employee for a period of more than 12 months. (2) The head of service must ensure— (a) all eligible people have, as far as practicable, a reasonable opportunity to apply for selection; and (b) selection of a person is made on the basis of a comparative assessment of the applicants, having regard to— (i) the nature of the functions to be exercised by the selected person; and (ii) the relevant abilities, qualifications, experience, personal qualities and potential for development of the applicants; and (c) the person selected is an eligible person. (3) For subsection (2) (a), the people who may apply for selection may be limited— (a) for an office—if the office is an identified position; or (b) in accordance with a management strategy to— (i) ensure the Territory is an equitable employer; or (ii) eliminate disadvantage in relation to public service employment; or (c) in accordance with a territory law. Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and (b) identifies as an Aboriginal person or a Torres Strait Islander person; and (c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community. identified position means an office that the head of service has decided, in accordance with a prescribed process, must be occupied by— (a) an Aboriginal or Torres Strait Islander person; or (b) a person with disability.