49AACertain transfers only after merit selection

##### 49AA Certain transfers only after merit selection (1) The Commissioner must not exercise a power under paragraph 49(1B)(c) in relation to an office in a Department except in accordance with a recommendation in writing made by the relevant Secretary. (2) Where the relevant Secretary recommends in writing that the Commissioner transfer an SES (Specialist) officer to an SES office (other than an SES (Specialist) office), the Commissioner must transfer the officer unless he or she is satisfied that: (a) the procedures followed by the Secretary in relation to notification of the vacancy in the office, or in relation to the examination of applications for promotion, transfer or appointment to the office, were not adequate; or (b) it is desirable, in the interests of the Service, that the vacancy be further notified or advertised; or (c) the officer is not suitable for the performance of the duties of that office; or (d) the officer is not suitable for the performance of the duties of SES offices of the same or equal classification; or (e) the transfer of another officer to the office is required for the purposes of section 76F or 76L or would otherwise better promote the efficiency of the Service. (3) If: (a) a vacancy in an office has been filled by the appointment, promotion or transfer of a person to the office; and (b) the office becomes vacant again before the person has started to perform the duties of the office; then, in applying paragraph (2)(a) in relation to the later vacancy, the Commissioner may have regard to the procedures followed in relation to the earlier vacancy instead of those followed in relation to the later vacancy. (4) A transfer of an officer under paragraph 49(1B)(c) must be notified in the Gazette.