49BPromotions to Senior Executive Service offices

##### 49B Promotions to Senior Executive Service offices (1) The Commissioner may, in writing, promote an officer to a vacant Senior Executive Service office. (2) The Commissioner must not exercise its powers under subsection (1) in relation to an office in a Department except in accordance with a recommendation in writing made by the relevant Secretary. (3) Where the relevant Secretary recommends in writing that an officer be promoted to a Senior Executive Service office of a particular classification, the Commissioner must promote the officer to the office 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; (b) it is desirable, in the interests of the Service, that the vacancy be further notified or advertised; (c) the officer is not suitable for the performance of the duties of that office; or (ca) where the Secretary has recommended the promotion of an officer to an SES office (other than an SES (Specialist) office), the officer is not suitable for the performance of the duties of SES offices of the same or equal classification; or (d) 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. (3A) For the purpose of satisfying himself or herself in relation to the matters specified in paragraph (3)(a), the Commissioner may, if he or she considers it appropriate, in relation to a vacancy in an office occurring, 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, have regard to the procedures followed in relation to the previous vacancy and, where he or she does so, the Commissioner need not have regard to any procedures followed in relation to the first‑mentioned vacancy. (4) A promotion of an officer under subsection (1) shall be notified in the Gazette.