33Application of merit principle, prohibition of patronage etc.

##### 33 Application of merit principle, prohibition of patronage etc. (1) Powers under this Act in respect of appointment shall be exercised in accordance with procedures that ensure that, in each case where an appointment to the Service is to be made: (a) all persons who are eligible for appointment to the Service have, so far as is practicable, a reasonable opportunity to apply for the appointment; and (b) the appointment is made on the basis of an assessment of the relative suitability of the applicants for the appointment, having regard to: (i) the nature of the duties to be performed by the person appointed; and (ii) the abilities, qualifications, experience, personal qualities and potential for development of each applicant that are relevant to the performance of those duties. (2) Without limiting the generality of subsection (1), powers under this Act shall be exercised without patronage or favouritism. (3) Without limiting the generality of subsection (1), powers under this Act in respect of appointments, transfers and promotions shall, subject to subsection (4), be exercised without: (a) discrimination on the ground of political affiliation, race, colour, ethnic origin, social origin, religion, sex, sexual preference, marital status, pregnancy, age or physical or mental disability; (b) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or (c) any other unjustified discrimination. (4) The reference in subsection (3) to discrimination in relation to a power in respect of appointment, transfer or promotion shall be read as not including a reference to: (a) discrimination that is essential for the effective performance of the duties to which the appointment, transfer or promotion relates, is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 and is declared by the regulations not to be discrimination for the purposes of subsection (3); or (b) discrimination in relation to appointment, transfer or promotion that is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 and is in accordance with a program to encourage the appointment of women or persons in a designated group to the Service, being a program that is declared by the regulations to be an approved program for the purposes of this paragraph. (5) Where the exercise of a power in respect of appointment is, by virtue of paragraph (4)(b), not discrimination for the purpose of subsection (3), the power shall be taken to have been exercised in accordance with procedures of the kind referred to in subsection (1). (6) A reference in this section to the exercise of a power under this Act includes a reference to the making of a report or recommendation in relation to the exercise of such a power.