33AANotification of vacancies in SES offices

##### 33AA Notification of vacancies in SES offices (1) Where a vacancy exists, or is expected to occur within the period prescribed by the regulations for the purposes of this subsection, in a Senior Executive Service office in a Department, the relevant Secretary shall give notice in writing to the Commissioner of the vacancy or expected vacancy. (2) Where the relevant Secretary proposes that a vacancy in a Senior Executive Service office be filled, within the period prescribed by the regulations for the purposes of this subsection, otherwise than by the exercise of a power under subsection 49(1A) or paragraph 49(1B)(a), (b) or (ba) to transfer an officer to the office, the relevant Secretary shall: (a) cause notification of the vacancy to be published in the Gazette; and (b) take such other action (if any) as the Secretary thinks necessary to advertise the vacancy. (3) Subsections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the Commissioner directs that the vacancy is to be filled by the re‑appointment of a person in accordance with section 47C. (3A) Subsections (1) and (2) do not apply to a vacancy in a Senior Executive Service office in a case where the vacancy occurred, after a previous vacancy in the office was filled by the appointment, promotion or transfer of a person to the office, without that person having started to perform the duties of the office but, if the Commissioner so directs, the relevant Secretary shall comply with subsection (2) in relation to the vacancy. (4) Where a vacancy in a Senior Executive Service office is notified in the Gazette in pursuance of subsection (2): (a) any person (not being an officer) who is eligible for appointment to the Service may apply for appointment to the office; and (b) any officer may apply for promotion or transfer to the office.